Supreme Court won't allow Missouri gun statute at odds with federal law [View all]
https://www.washingtonpost.com/politics/2023/10/20/supreme-court-missouri-gun-law/
Supreme Court wont allow Missouri gun statute at odds with federal law
The statute was designed to prevent local and state police officers from enforcing certain federal firearms restrictions
By Ann E. Marimow
October 20, 2023 at 3:54 p.m. EDT
The Supreme Court on Friday refused to clear the way for a Missouri law designed to prevent local and state police officers from enforcing certain federal firearms restrictions.
Only Justice Clarence Thomas noted that he would have sided with the state.
Missouris Republican-led legislature passed the far-reaching law in 2021, declaring certain U.S. gun regulations invalid and giving individual citizens the right to sue local and state governments that enforce the measures, which the lawmakers said infringe on their constituents Second Amendment rights.
The Biden administration sued the state to block the Missouri law, saying it is unconstitutional and undermines public safety.
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Statement (pdf) :
https://www.supremecourt.gov/opinions/23pdf/23a296_21o3.pdf
Cite as: 601 U. S. ____ (2023) 1
Statement of GORSUCH, J.
SUPREME COURT OF THE UNITED STATES
No. 23A296
MISSOURI, ET AL. v. UNITED STATES
ON APPLICATION FOR STAY
[October 20, 2023]
The application for stay presented to JUSTICE KAVANAUGH
and by him referred to the Court is denied.
JUSTICE THOMAS would grant the application for stay.
Statement of JUSTICE GORSUCH, with whom JUSTICE
ALITO joins, respecting the denial of the application for stay.
With the understanding that the district court prohibited only implementation and enforcement of H. B. 85 by the State of Missouri and its officers, agents, and employees and any others in active concert with such individuals, App. to Emergency Application 29a, I agree with the denial of the application for a stay under the present circumstances. An injunction purporting to bind private parties not before the district court or the challenged provisions themselves, however, would be inconsistent with the
equitable powers of federal courts. Whole Womans
Health v. Jackson, 595 U. S. 30, 44 (2021).