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Posts Tagged eighth circuit
Missouri’s Gun Sanctuary Law Struck By Federal Court
From The Federalist:
Both the District Court and the Eighth Circuit saw things differently, and by enjoining Missouri’s law, have forced the state to use resources and its employees to enforce federal gun laws. That could include materially supporting the compilation of gun owner records for the ATF’s gun registry, the enforcement of President Joe Biden’s “zero tolerance” policy against Missouri gun dealers, or helping a hypothetical Kamala Harris administration in confiscating AR-15s under a future “assault weapons” ban.
The precedent is clear, the federal government has no authority whatsoever to compel a state to enforce a federal law. So, what’s the difference here? Sadly, all too many federal judges stubbornly believe the Second Amendment is a second-class right. In the case of the recent ruling against SAPA, the Eighth Circuit simply invoked the Constitution’s supremacy clause, and gave the back of its judicial hand to Missouri and every other state that might question the constitutionality of a federal law — at least a federal gun law.
Court Rules Against Missouri’s Second Amendment Protection Act
From The Truth About Guns:
At the time, Gov. Parson said the unique law “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.”
On Monday, however, a three-judge panel of the 8th Circuit Court of Appeals upheld last year’s district court ruling and found that the Missouri law violated the U.S. Constitution’s supremacy clause, which states that federal law takes precedence over state laws.
Eighth Circuit Joins Fifth Circuit, Rejects ATF Brace Rule
From Bearing Arms:
On Friday, a three-judge panel on the Eighth Circuit overturned a lower court’s refusal to issue an injunction against the rule, sending the case back down to district court for a do-over. In its ruling, the panel concluded that the plaintiffs are likely to succeed on the merits of their arguments that the ATF rule is arbitrary and capricious.