Many of us point out how the Second Amendment is treated like a second-class right. Gun control advocates argue that it’s not, all while pushing for more restrictions they’d never tolerate on their right to free speech.
For example, there are those who seek to restrict adults under the age of 21 from exercising their right to keep and bear arms, either totally or partially, and will enact laws to do just that.
It sucks when a state does it.
What really sucks is when a county or city tries it. In some places, they could get away with it, but states like Missouri aren’t playing that game. Still, Jackson County in Missouri is trying it, and Gun Owners of America is taking them to court.
Via a press release:
Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the State of Missouri have filed a motion for a preliminary injunction to immediately block enforcement of Jackson County’s sweeping gun control ordinance targeting young adults.
This request for emergency relief follows the lawsuit filed last month in the U.S. District Court for the Western District of Missouri, which challenges Jackson County Ordinance No. 5865. That ordinance prohibits law-abiding adults ages 18 to 20 from purchasing handguns or possessing so-called “semiautomatic assault rifles”—despite the fact that the ordinance does not even define what a “semiautomatic assault rifle” is.
The motion argues that the ordinance violates the Second and Fourteenth Amendments, as well as Missouri’s firearm preemption statute, which prohibits localities from enacting stricter gun laws than the state legislature. Plaintiffs are urging the court to step in immediately to prevent further constitutional harm while litigation proceeds.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:
“This legal maneuver is about stopping the damage before it spreads. Jackson County politicians knew this ordinance was illegal when they passed it. Now they must be held accountable. GOA is proud to stand with Missouri to ensure that constitutional rights are protected for every law-abiding adult.”
Sam Paredes, on behalf of the board for Gun Owners Foundation, issued the following statement:
“This ordinance was passed in direct defiance of state law and the Constitution. Our motion makes clear that every day this ban remains in effect, it infringes on the rights of young Americans who are fully entitled to exercise their Second Amendment freedoms. We are urging the court to act quickly and restore the rule of law in Jackson County.”
The thing that gets me about these local gun ordinances in preemption states is how they seem to think that preemption doesn’t really apply to them.
Savannah, here in Georgia, seems to think that with their restrictions on leaving a gun in your car, and Jackson County in Missouri seems to think that Missouri’s doesn’t apply to them.
What’s more, this isn’t even about carrying guns, but restricting the purchase of firearms.
While federal law prohibits adults under 21 from buying handguns, there’s no such law applying to so-called semiautomatic assault rifles in state or federal law. As noted above, though, they didn’t even define what that is, which is a whole passel of problems on its own. Some think any semi-automatic rifle is while others have different definitions.
Regardless, though, they don’t have the authority to pass any such restriction.
They’re going to lose this if the judges actually listen to what the law says on the matter, and they’re going to lose it big time.
Read the full article here
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