Eighth Circuit Rules Missouri’s Dangerous ‘Second Amendment Preservation Act’ Violates the Constitution; Everytown Law, Brady, GIFFORDS, March For Our Lives Respond

MISSOURI – In a victory for gun safety, the United States Court of Appeals for the Eighth Circuit today affirmed a lower court decision that prevents Missouri from implementing and enforcing the dangerous “Second Amendment Preservation Act” (SAPA) which declared federal gun laws invalid and blocked state and local officials from helping enforce federal gun laws, and subjected them to penalties for doing so. The Eighth Circuit held that Missouri’s attempt to invalidate federal gun laws violates the Supremacy Clause of the U.S. Constitution. 

Four of the nation’s leading gun violence prevention organizations – Everytown for Gun Safety Support Fund, Brady Center to Prevent Gun Violence, Giffords Law Center, and March For Our Lives – filed an amicus brief in August 2023, urging the U.S. Court of Appeals for the Eight Circuit to find SAPA unconstitutional. As the brief argued, SAPA interfered with the vital role federal gun laws play in promoting public safety, particularly in Missouri, which, compared to other states, has loose gun laws and suffers a high rate of gun violence. The amicus brief can be found here.

Eric Tirschwell, Executive Director of Everytown Law:

“Claiming that federal gun laws don’t apply is good for criminals, terrible for law enforcement, and a gross violation of the Constitution. Missouri’s Second Amendment Preservation Act actively undermined public safety and made it illegal and costly for local law enforcement to do their jobs of protecting their communities. Today’s decision is another hit to the gun lobby’s effort to undermine federal gun safety laws and the rule of law. ”

Billy Clark, Senior Litigation Attorney, GIFFORDS Law Center:

“Today’s decision from the Eighth Circuit upholds what we know to be true: commonsense gun safety laws are constitutional, and Missouri’s attempt to block all federal gun laws is not. We applaud the judges for acting to save lives.”

Ciara Malone, Legal Director at March For Our Lives:

“Today’s decision is a resounding victory for anyone who cares about gun safety and for common sense gun laws nationwide. The so-called ‘Second Amendment Preservation Act’ would have only fueled more gun violence and put countless more lives at risk. We are relieved that the Eighth Circuit upheld the district court’s ruling, affirming that the safety of our communities and our lives must take precedence. This decision sends a clear message that undermining federal gun laws will not be tolerated.”

Douglas Letter, Chief Legal Officer, Brady:

“Missouri’s Second Amendment Preservation Act would have prevented state law enforcement officials from assisting federal officers in carrying out laws that protect people against gun violence and illegal gun trafficking. The Missouri law would have exacerbated the gun violence epidemic in America. The decision by the Eighth Circuit Court of Appeals to strike down this very unwise and unconstitutional Missouri law is a decisive victory for gun violence prevention and will help Missouri and federal officials to protect communities and save lives. We celebrate the Eighth Circuit’s decision, which once again recognizes the importance of gun violence prevention.”