Missouri Can’t Block Federal Gun Control Laws

Gun control is on President Joe Biden’s agenda, and it’s likely that he’s going to use executive orders to do so. Democrats – who have taken the House as well as the Senate – as a whole are likely to support his efforts, too.

In response, some Missouri lawmakers introduced the “Second Amendment Preservation Act,” or House Bill 85. As the title implies, the bill claims that the state has the right to refuse any federal gun control laws.

However, Misbar's investigation found that this bill is largely symbolic. If challenged in the courts, it would almost certainly be revoked immediately. This is because states can’t ignore federal laws. While not directly in the constitution, there was a precedent set by Cooper v. Aaron in 1958.

In this case, Arkansas wanted to delay desegregating the school system. The Supreme Court unanimously decided that no state can resist federal law, and so Arkansas was forced to proceed on schedule. As this was decided by the highest court in the country, Missouri doesn’t have the ability to be an exception to the rule.