Butler County Sheriff Mark Dobbs, Poplar Bluff Police Chief Danny Whiteley and Butler County Prosecuting Attorney Kacey Proctor are all strong supporters of the Second Amendment. So it might surprise some to see that all three have reservations about the newly-signed law House Bill 85, also known as the Second Amendment Preservation Act.
HB 85 became law in Missouri in June and prohibits state and local cooperation with federal officials that attempt to enforce any laws, rules, orders or actions that violate the Second Amendment rights of Missourians. Under HB 85, any person or entity who knowingly deprives Missouri citizens of their right to bear arms — as protected by state and federal constitutions — will be liable for redress and monetary damages of $50,000 per occurrence.
However, there recently has emerged the potential for suspects to sue state and local law enforcement agencies for HB 85 violations to intimidate or prevent them from cooperating with federal law enforcement and could hinder the efforts to prosecute criminals, according to local officials.
“The intent (of the law) I totally agree with,” Whiteley said. “We do not need more gun laws, period. Under the current Washington administration, they’re trying to push gun laws through that do not need to be there. But I think in trying to get something through in a hurry, without — in my opinion — thoroughly researching with law enforcement, our prosecutors’ association and so forth, that there were some unforeseen obstacles that came up as a result of this, as evidenced by the suit that was filed in Ripley County just a few days ago.”
In that suit, four law enforcement officers were sued in the Ripley County Circuit Court last week over allegations they were in violation of HB 85. The suit was filed by Curtis Poor of the Limbaugh Firm in Cape Girardeau on behalf Cameron C. Acosta, who is currently under indictment in the U.S. District Court for the Eastern District of Missouri for possession of drugs and firearms.
The suit named four members of the Ripley County Sheriff’s Department, two troopers with the Missouri State Highway Patrol, the colonel of the Missouri State Highway Patrol and a Butler County deputy assigned to the SEMO Drug Task Force. The suit was dismissed shortly before it had a hearing, but without prejudice, meaning it can be re-filed.
If the suit had succeeded, the law enforcement officers could be fined up to $400,000 and barred from testifying against Acosta in federal court.
Whiteley also pointed to the recent arrest of Quinton S. Wilson, who was arrested with an accomplice over the weekend after allegedly leading Poplar Bluff police on a high-speed chase.
Wilson currently is charged with unlawful possession of a firearm, delivery of a controlled substance and resisting arrest by fleeing and creating a substantial risk of injury or death. However, Whiteley said, the department is hesitant to file federal charges on Wilson because of HB 85.
“We would have already been forwarding that information to the feds for possible federal prosecution,” Whiteley said. “He had already been in federal prison for gun violations. And the fact that we can’t forward that now, without taking a chance on getting fined $50,000 per officer for assisting the federal authorities, I don’t think that’s what the people intended for that law to do.”
Proctor shares Whiteley’s concerns with HB 85.
“The law has the potential to take vital funds away from already struggling law enforcement agencies and place it in the hands of dangerous criminals,” Proctor said. “I have faith that our leaders in Jefferson City will take an honest look at how this law is negatively impacting law enforcement officers and make changes to it that will enable them to take dangerous criminals off the street.”
Dobbs echoed Whiteley’s sentiments on HB 85.
“It is a law that had a good intent, but has a very negative result on law enforcement,” Dobbs said. “In an attempt to protect the gun rights of law-abiding citizens, it has done the opposite and this law will benefit violent criminals more than anyone.”
Dobbs said he and every other sheriff in Missouri are strong supporters of the Second Amendment, but HB 85 was unnecessary.
“With this law in effect, every law enforcement officer is now in danger of facing a civil suit for cooperating with federal authorities,” Dobbs said. “Criminals routinely intimidate, extort and sometimes even kill witnesses to avoid prosecution. Therefore many times, our only alternative to take violent criminals off the street is through federal prosecution. … Violent felons have no rights owning a firearm — and we must be able to cooperate with federal authorities to take these people off of the streets.”