Biden Administration Sues State of Missouri to Invalidate 2A Protection Act

On February 16, 2022, the Biden Administration filed a lawsuit in the United States District Court for the Western District of Missouri, Central Division, claiming the Second Amendment Protection Act, (SAPA) was unconstitutional.

From the federal filing:

This lawsuit challenges a Missouri state statute that purports to invalidate federal firearm laws within the State. The Missouri law uniquely discriminates against federal agencies and employees; impairs law enforcement efforts in Missouri; and contravenes the Supremacy Clause of the United States Constitution.

The statute referred to was passed as HB 85 and 310. The bills specifically challenge federal power in several ways. The bills are a direct challenge to federal power to regulate and tax arms, as well as an anti-commandeering measure. From the bill:

(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property nor to dictate what sorts of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;