Butler County Prosecutor Kacey Proctor said Tuesday he was unsurprised by the federal court’s decision to strike down Missouri’s Second Amendment Preservation Act.
“The Second Amendment Preservation Act in its current form clearly violates the supremacy clause of the United States constitution,” said Proctor. “Prosecutors and law enforcement around the state attempted to work with law makers in Jefferson City to come up with language that would protect our Second Amendment rights but also be in line with the supremacy clause.
“There were certain people in charge of this bill’s passage that were unwilling to listen.”
A federal judge ruled Tuesday the law interfered with the federal government’s ability to enforce lawfully enacted firearms regulations. The law could impose fines of up to $50,000 against law enforcement found to “infringe” on Missourians’ Second Amendment rights, including by working with federal law enforcement.
Proctor said going forward he hopes Missouri legislators will work to protect Second Amendment rights but in a way that meets with federal law.
“(And also) enables law enforcement to do their jobs, to bring violent criminals to justice and do so without fear of being personally liable simply for working with federal counterparts,” he said.
Poplar Bluff officials have long spoken out against the Second Amendment Preservation Act and its impact on law enforcement, even appearing in 2021 on “60 Minutes” to share their concerns.
Then-Poplar Bluff Police Chief Danny Whiteley was joined by Proctor and then-Prosecuting Attorney Association President Steve Sokoloff for the interviews with CBS’ Norah O’Donnell.
The problem with the Second Amendment Preservation Act, Proctor said at the time, is it could subject local law enforcement officers to fines of $50,000 per offense if it is deemed they worked with federal officials in the enforcement of gun crimes.
“The way it’s written, we are neutered,” said Whiteley in 2021, noting at that time his department had more than a dozen cases “that we would have already forwarded to the ATF for federal prosecution if we were allowed to.
“When it comes down to $50,000 per officer, we can’t afford it.”
On the opposite side of the argument were the law’s sponsors, Sen. Eric Burlison of Greene County and Rep. Jered Taylor of Christian County, who are both Republicans.
“The question I have is if the law doesn’t do anything to prevent us from working with the federal government (as its sponsors said in the 60 minutes interview), then what is the point of the law,” Proctor questioned.
“They can say what they meant and what they thought, and how they felt until the cows come home, but it’s not up to them to interpret it anymore,” Proctor said of the law. “They can say what the intent was all along, but there are words written on documents that were signed into law and it’s not up to them to say retroactively what their intent was. It’s going to be up to the Court of Appeals to decide what the law is.”
The law, Proctor said, is biased against law enforcement officials.
“When I first heard about SAPA, I thought it was great because I love guns, I shoot all the time and I’m a member of two gun clubs. I served in the National Guard,” Proctor said. “But, the fact of the matter is, this law does nothing to the federal government.”
Whiteley agreed.
Plus, Proctor said, fines are for each violation.
“If five law enforcement officers from Ripley County testify in a federal trial, and it’s determined they violated the Second Amendment Preservation Act by doing so, that’s $250,000 in fines. What would that do to the Ripley County Sheriff’s Department?” Proctor questioned.
In addition, Proctor said, a lawsuit can be brought by anyone in the state, and while they can be filed in the county where the violation took place, they also can be filed in Cole County.
“What that means is that somebody up in Jefferson City that wants to make a political statement can file a lawsuit against your local agency and drag them up to Cole County,” Proctor said. “If they win, they can get costs and fees recovered. If Poplar Bluff prevails on the lawsuit after having been dragged up to Cole County, they get nothing.”
The law, Proctor said, is simply too one-sided.
Around 20 states have similar laws, Proctor noted, but Missouri is the only one which fines law enforcement officers.