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the legislature passed the Second Amendment Preservation Act (“SAPA”) — which was then signed into law by Missouri Governor Mike Parson on June 12, 2021. //
So, what exactly is SAPA? In a nutshell, it’s a law that prohibits the enforcement of federal provisions that infringe on the right to keep and bear arms. //
Sounds like this is setting up a bit of a showdown. Who’s got the winning hand here? As noted above, this legislation has been in the works for years — it wasn’t just thrown together haphazardly. //
Cam Edwards, over at our sister site, Bearing Arms, had this to say about the constitutionality of the provision:
There’s nothing unconstitutional about the new Second Amendment Preservation Act. In fact, it fits squarely within the Court’s precedent in Printz vs. U.S., which held that state and local law enforcement are under no obligation to perform the duties of federal law enforcement. Missouri’s Second Amendment Preservation Act is comparable to California’s Sanctuary State law, which forbids state and local governments from cooperating with ICE in most cases. The Supreme Court upheld California’s law last summer, and if they have the opportunity to weigh in on the Missouri law, I’m sure the justices will do the same. //
Blue State Deplorable
10 hours ago
So let me get this straight. It’s ok for California to ignore federal immigration law, but not okay for Missouri to ignore federal law that infringes on its citizens’ 2nd Amendment rights. Got it~ //
emptypockets
11 hours ago
"Consider this opinion of the Supreme Court:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows:
The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.
An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . . .
A void act cannot be legally consistent with a valid one.
An unconstitutional law cannot operate to supersede any existing valid law.
Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
— Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)
Keep this in mind when your friends and family, or your elected officials tell you that “it’s the law, you have to.”
If that law is arbitrary to the constitution, if it renders you subject to illegal or unconstitutional laws and acts it is in fact, null and void.
https://ryoc.us/us-supreme-...
Which seems to have already decided that..."There’s nothing unconstitutional about the new Second Amendment Preservation Act."...is a statement of fact.