OPINION: This article contains commentary which reflects the author's opinion
The state of Missouri is not backing down from its fight against the Biden administration over conceivably un-Constitutional executive orders. Missouri Governor Mike Parson and Attorney General Eric Schmitt vowed to “fight tooth and nail” to prevent the Biden administration from imposing laws that infringe upon the Second Amendment rights of Missourians.
According to the Associated Press, Acting Assistant Attorney General Brian Boynton sent a letter to Parson and Schmitt on Wednesday warning about enforcing state law and superseding federal gun control laws. Boynton said that actions Missouri takes could cost the state from receiving continued federal aid and assistance.
In a letter to the Department of Justice on Thursday, the Missouri governor and AG responded to threats from the Biden administration who warned the state against penalizing state law enforcement officers who enforce certain federal gun laws. Parson signed a law on June 14 that will hold laws enforcement agencies liable for up to $50,000 per officer that violates the Second Amendment rights of Missourians by enforcing federal gun laws.
“Missourians’ and Americans’ Second Amendment rights are enshrined in the Constitution – I will defend those rights at every turn,” said Attorney General Schmitt. “Our letter to Biden’s Department of Justice sends a clear message: we will fight any attempts from the federal government to encroach on the Second Amendment rights of law-abiding citizens.”
“The Second Amendment Preservation Act is about protecting law-abiding Missourians against government overreach and unconstitutional federal mandates,” Parson said in a statement. “We will 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. Throughout my career, I have always stood for the Constitution and our Second Amendment rights, and that will not change today or any day.”
The letter argues that that under the Second and Tenth Amendments, U.S. citizens have the inalienable right to keep and bear arms, and that the state of Missouri has the right to refuse to enforce “unconstitutional infringements by the federal government.”
The letter states, “Likewise, the Tenth Amendment directly limits the Federal Government’s ability to shift the balance of power within the federal system away from the States… the State of Missouri has every right under our system of government and the Tenth Amendment to place limitations on what state and local officials may do.”
Additionally, the letter notes that the Department of Justice’s June 16 warning to Missouri conflicts with its own policy toward “sanctuary cities,” pointing out:
“On his first day in office, President Biden rescinded President Trump’s executive order that prohibited federal grant awards to sanctuary jurisdictions that refused to cooperate with the federal government to enforcement immigration laws. In April, the Office of Justice Programs reportedly repealed the Department of Justice’s policy that required recipients of a law enforcement grant to cooperate with U.S. Immigration and Customs Enforcement as a condition of their funding… President Biden and the Department of Justice have decided to reward states and cities that refuse to cooperate with enforcing constitutional immigration laws that protect our citizens against foreign threats, but now they attack Missouri for refusing to cooperate with enforcing unconstitutional gun confiscation laws that put our citizens in danger and degrade their rights.”
“We will fight tooth and nail to defend the right to keep and bear arms protected by the Second Amendment, Article I, § 23 of the Missouri Constitution, and the Second Amendment Preservation Act. And we will not tolerate any attempt by the federal government to deprive Missourians of this critical civil right,” the letter concluded.