The Department of Justice has today filed a lawsuit to prevent the State of Missouri from enforcing House Bill 85 (H.B. 85). Signed into law in June 2021, the Missouri law declares five categories of federal firearms laws “invalid” and deters and penalizes their enforcement by federal, state and local law enforcement officers. The government’s complaint seeks declaratory and injunctive relief prohibiting enforcement of H.B. 85 and further clarifying that state and local officials may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes, and fully share information with the federal government without fear of H.B. 85’s penalties. Specifically, the complaint alleges that H.B. 85 is invalid under the Supremacy Clause, is preempted by federal law, and violates the doctrine of intergovernmental immunity.
“This act impedes criminal law enforcement operations in Missouri,” said Attorney General Merrick B. Garland. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”
“A state cannot simply declare federal laws invalid,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This act makes...
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