JEFFERSON CITY, Mo. (CN) — A Missouri judge refused Friday to issue a preliminary injunction against a controversial state law outlawing enforcement of federal gun rules.
House Bill 85, signed into law in June by Republican Governor Mike Parson, declares that certain federal firearms provisions are invalid, penalizes individuals who enforce those laws and imposes civil penalties against state and local law enforcement agencies that employ such individuals.
The city of St. Louis, St. Louis County and Jackson County filed suit in Cole County Circuit Court last month seeking an injunction to block enforcement of the law as unconstitutional.
The ruling by Cole County Circuit Judge Daniel R. Green came a day before the law is to go in effect. In denying the plaintiffs’ request for a declaratory judgment, Green, a Republican, found that they have an adequate remedy in two other related cases.
“The constitutional issues raised in this matter should be litigated (if at all) by each plaintiff in each separate case,” Green wrote in a two-page ruling.
Green added that the denial for declaratory judgment made the motion for preliminary injunction moot and granted the state’s motion for judgment on the pleadings.
Missouri Attorney General Eric Schmitt, a Republican and U.S. Senate candidate, lauded the decision.
“Today’s ruling was an important victory for the Missouri Attorney General’s Office over the Biden Department of Justice, and for the Second Amendment rights of all Missourians,” Schmitt said in a statement. “Since the Second Amendment Preservation Act was passed, I promised to fiercely defend the law and Missourians’ Second Amendment rights - that’s exactly what we did in this case and will continue to do moving forward."
Matt Moak, interim St. Louis city counselor, still believes the law to be unconstitutional.
“We're disappointed,” Moak said. “We’re looking at our options and … I think we will appeal.”
An attorney for St. Louis County did not immediately respond to a request for comment.
The law was passed by Missouri’s Republican-dominated Legislature in anticipation of stricter gun regulations pushed by the administration of President Joe Biden. It is the latest attempt by Missouri lawmakers to loosen gun laws, including abandoning training requirements and background checks.
In a hearing last week, the plaintiffs’ attorneys argued the new law would cause lost prosecutions, arrests and gun seizures. They also argued some police departments would need to disband due to the high percentage of police officers participating in federal gun cases.
Missouri Solicitor General John Sauer countered by arguing the lawsuit is aimed at striking down the entire law, not seeking guidance on how the law will work.
The U.S. Justice Department filed a statement of interest in with the court last week arguing the state law is unconstitutional.
Missouri’s Republican leaders earlier pushed back against the DOJ's claims that the state’s new gun-enforcement law illegally conflicts with federal law.
The law states that five categories of federal acts, laws, executive orders, administrative orders, rules, and regulations “shall be considered infringements on the people’s right to keep and bear arms,” as guaranteed by the Second Amendment.
Included among the federal laws that Missouri says cannot be enforced are ones requiring the registration or tracing of the ownership of firearms, accessories and ammunition; forbidding possession, ownership, or use of firearms by law-abiding citizens; and ordering the confiscation of firearms, accessories, or ammunition from law-abiding citizens.
The state law carries potential fines of $50,000 per occurrence for political subdivisions or law enforcement agencies that employ an officer who knowingly violates the law.
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