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SAPA-Second Amendment Protection Act Wins 1st Legal Test

Missouri House Bills 85 and 310, known as the Second Amendment Protection Act (SAPA), passed out of legislature on May 15, 2021. The Governor signed the final bill on June 12, 2021. The law is an important step and response to a Federal Government overtly hostile to the Second Amendment.

missouri SAPA law

Watching SAPA Law Challenges:

While SAPA is a Missouri law, other state legislatures watch for its success or failure as they hedge their bets on proposing and voting on similar legislation in their states.

A few days ago, a Cole County, Missouri Judge denied a request by St. Louis and Jackso Counties, who sued to block the law. This victory is a good sign for those opposed to Federal overreach, but just the beginning of legal challenges sure to come.

What is SAPA:

Here is what Senator Eric Burlison, the Senator who filed and led the debate in the Senate, has to say about how SAPA law impacts Missourians.

The Second Amendment Preservation Act declares all federal laws, rules, orders or other actions which restrict or prohibit the manufacture, ownership and use of firearms, firearm accessories or ammunition exclusively in Missouri will not be enforced by state law enforcement, state municipal officials and other state officials.

SAPA law

Senator Eric Burlison

Why are SAPA and Similar Laws Important?

Americans are still quite divided on how much gun regulation is appropriate. The lame-stream media presents polls and studies that claim to show a majority want more gun restrictions. However, these polls are misleading in their questioning and results.

For example, the common question is, “should laws be prohibiting mentally ill people and those convicted of domestic violence from owning firearms?” Majorities answer “yes.” The “yes” answers substantiate the notion that people want MORE gun legislation. What is misleading is that this legislation already exists. It isn’t anything NEW.

pro 2a t shirt

Federal lawmakers can’t get all their gun legislation passed because there is not enough support for it. Politicians know if they vote against their constituents, especially on Second Amendment issues, their career may be over.

Governance by Edict:

In the absence of new legislation, Presidents pass executive orders and conspire with unelected bureaucrats running the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to use “rules,” “definitions,” and “opinions” to expand gun restrictions.

A change in definitions during President Trump’s term, the ATF defined bump stocks as machine guns. As a result, what used to be a piece of plastic became an illegal machine gun, and possession of one, a felony. A recent divided Appeals Court decision on the topic determined that lower courts should have granted injunctions filed by plaintiffs.

And many believe the court will ultimately deem the ATF’s actions unconstitutional.

NFA flow chart what guns are legal

Are you confused by the ATF’s logic in classifying guns? Here is a helpful flow chart to make it easy.

In addition, to bump stocks, the ATF attempts to regulate the possession of pistol braces and specific triggers by proclamation. Further, the ATF’s attempt to redefine what a firearm is would make tens of thousands of Americans’ guns illegal to possess without paying fees to the government or giving their property to the federal government.

All this is to say, laws like SAPA are essential.

Is SAPA Constitutional?

Anyone claiming unequivocally to know SAPA’s fate is outrunning their headlights. Only the court will be able to answer this question.

Opponents claim that SAPA law violates the Federal Supremacy Clause.

Missouri SAPA 2a law

SAPA declares that Missouri Law Enforcement Agencies will not be used as an arm of the Federal Government to enforce laws that unnecessarily molest the Second Amendment. SAPA further states federal laws that could restrict gun ownership among law-abiding Missourians as invalid in the state.

For example, under SAPA, state and municipal agencies that help federal agents confiscate bump stocks could be sued.

Let’s See Where This Goes:

Again, this win is a small step forward on a long path in the fight to protect law-abiding gun owners. Make sure to stay engaged in the progress of this law and for any similar laws needing support in your state.

Ever wonder about duty to inform law or if you can carry a handgun inside a business that sells liquor? Our Legal Boundaries by State bookLegal Boundaries by State book is far more than a book with a reciprocity map inside. It contains answers to all the relevant gun laws of 50 states and DC. The book also includes information on how to fly with firearms. And because laws are constantly changing, we continually update the e-book included with your purchase of a physical book.

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6 Responses to SAPA-Second Amendment Protection Act Wins 1st Legal Test

  1. Patrick Cronin October 6, 2021 at 6:46 pm #

    Please Read Missouri Constitution arrival 1 section 23
    Also read the 10 th amendment of the constitution of theses United States of America
    Re read the opening lines of the SAPA Bill which clearly states how it was constructed under that 10 th amendment

    I am not a lawyer but my interpretation of said bill 85 seems to give vilification to the states action and it’s passing as constitutional under federal and state Constitutional law
    Just saying I teach CCW as a professional firearms instructor I am no expert but I present ALL the opinions and paperwork I can find on this subject
    The overwhelming response to my presentation from my students is that this is solid and great addition to the protection of our RIGHTS in this great state of Missouri

  2. Elmo Fernandez October 6, 2021 at 7:18 pm #

    How often do you update the Concealed Carry app?

    • Matthew Maruster October 6, 2021 at 9:15 pm #

      We try to update the app as soon as any changes to laws go into effect.

  3. Amber October 6, 2021 at 10:47 pm #

    The gov in my state Indiana is a wuss. He won’t make it constitutional carry. The Congress for our state is pitiful and they just sit on their hands.

  4. Arty Brown Sr. October 7, 2021 at 12:56 pm #

    Thank God for Alaska!!
    Constitutional Carry, NO restrictions on amount or type of ammo, NO entity lower than the state can make laws governing firearms,only federal & state building, courthouses, and schools are prohibited firearm carry, as well as you must respect local businesses that declare by signage, and personal property by request of owner/resident.

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