The Brady Center to Prevent Gun Violence has announced that it is prepared to launch a suit in federal court if Missouri’s legislature passes HB 436, a law that voids federal gun regulations and criminalizes attempts to enforce them. The bill had previously been vetoed by Governor Jay Nixon.
Should the legislature successfully override Nixon’s veto, the Brady Center will file suit in the U.S. District Court for the Western District of Missouri, challenging the law on constitutional grounds. The Brady Center will propose that the law violates the Supremacy Clause of the U.S. Constitution, which establishes federal law as the supreme law of the nation. The Brady Center will also raise First and Fourteenth Amendment challenges.
The lawsuit would seek a declaratory judgment that the law is unconstitutional and a restraining order prohibiting its enforcement.
“The people of Missouri want their legislators focused on sensible solutions to gun violence, instead of grandstanding with ridiculous, unconstitutional declarations that the federal government has no authority to address our national gun violence problem,” said Jonathan Lowy, Director of the Brady Center’s Legal Action Project. “If the legislature chooses to enact this misguided and dangerous law, we are prepared to file suit immediately to get it struck down.”
A press release is available here from the Brady Center’s website.