Biden DOJ sues MO over Gun Rights Law... with 8 States following suit, WHY now?...

Published on February 21, 2022
Duration: 6:11

The Biden DOJ, led by Merrick Garland, has sued Missouri over its Second Amendment Preservation Act, which aims to nullify federal firearms laws within the state. The lawsuit centers on the Supremacy Clause of the Constitution, arguing states cannot invalidate federal statutes. This action is seen as a response to Missouri's law gaining traction and potentially inspiring other states, as well as a move to preempt a state Supreme Court ruling.

Quick Summary

The Biden DOJ is suing Missouri over its Second Amendment Preservation Act, arguing the state law violates the Supremacy Clause of the U.S. Constitution. This act aims to prevent enforcement of federal firearms laws within Missouri, a move the DOJ deems unconstitutional.

Chapters

  1. 00:00Introduction: Biden DOJ Sues Missouri
  2. 00:56Sponsor: Armed American Supply
  3. 02:01DOJ Lawsuit Details
  4. 02:43Second Amendment Preservation Act Explained
  5. 03:18Supremacy Clause Argument
  6. 04:04Timing of the Lawsuit
  7. 04:44Missouri AG Eric Schmidt's Response
  8. 05:34Merrick Garland's Stance on State Authority
  9. 05:51Conclusion: Fighting for Second Amendment Rights

Frequently Asked Questions

Why is the Biden DOJ suing Missouri over its gun rights law?

The Biden administration's Department of Justice is suing Missouri because the state's Second Amendment Preservation Act aims to nullify federal firearms laws. The DOJ argues this violates the Supremacy Clause of the U.S. Constitution, which states federal laws are supreme over state laws.

What is Missouri's Second Amendment Preservation Act?

Missouri's Second Amendment Preservation Act, passed in 2021, is a state law designed to prevent state and local officials from enforcing federal firearms measures. It also allows citizens to sue law enforcement for $50,000 for violating their Second Amendment rights.

Why is the timing of the DOJ lawsuit against Missouri significant?

The lawsuit's timing is notable as it follows closing arguments in a Missouri Supreme Court case challenging the law and comes after at least eight other states have enacted similar measures. This suggests the DOJ is acting to prevent the spread of such state-level challenges to federal authority.

What is the legal basis for the DOJ's lawsuit against Missouri's gun law?

The primary legal basis for the DOJ's lawsuit is the Supremacy Clause of the U.S. Constitution. The Department of Justice contends that states cannot simply declare federal laws invalid or unenforceable within their borders.

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