I urge you to oppose HB1175 (Hardwick), which seeks to reenact portions of the Second Amendment Preservation Act (SAPA). The bill's provisions are legally untenable, undermine public safety, and conflict with foundational principles of federalism.
1. Violation of the Supremacy Clause
HB1175 explicitly declares federal firearm regulations “invalid” in Missouri, directly contravening the U.S. Constitution’s Supremacy Clause, which establishes federal law as the “supreme Law of the Land” . The Eighth Circuit Court of Appeals ruled SAPA unconstitutional in August 2024 for this very reason, noting that states cannot nullify federal law or obstruct its enforcement . By rehashing language already struck down, HB1175 invites costly litigation and judicial rebuke, wasting taxpayer resources on a futile effort to defy constitutional hierarchy.
2. Undermining Public Safety
This bill jeopardizes collaborative efforts between state and federal agencies. Columbia Police Chief Jill Schlude testified that SAPA forced the return of critical ATF technology used to trace firearms, hampering investigations into violent crime . Similarly, the U.S. Department of Justice highlighted SAPA’s disruption of joint task forces and information sharing, which are vital for addressing interstate trafficking and organized crime . By penalizing officers who cooperate with federal partners (via $50,000 fines per violation), HB1175 creates a chilling effect, leaving communities vulnerable .
3. Legal Uncertainty and Overreach
HB175’s broad language—e.g., labeling federal taxes or registration requirements as “infringements”—ignores settled precedent. Courts have repeatedly upheld federal firearm regulations, such as the National Firearms Act, as constitutional under the Commerce Clause .
4. Contradictory Legal Defense
Even Missouri’s own Solicitor General acknowledged flaws in SAPA’s original framework, calling its anti-federal provisions “toothless” during oral arguments . Reviving this legislation perpetuates confusion, exposing the state to liability. For example, the bill’s exceptions for aiding federal prosecutions of “ancillary” weapons violations are ambiguously defined, risking inconsistent enforcement and legal challenges.
5. Escalating Missouri’s Firearm Violence Crisis
Missouri already suffers one of the nation’s highest rates of firearm-related deaths, including suicides and homicides . By obstructing tools like background checks and federal tracing systems, HB1175 would exacerbate this crisis.
HB 1175 is a misguided attempt to address federal overreach through unconstitutional means. It jeopardizes public safety, invites legal chaos, and disregards judicial precedent. I urge you to reject the bill and instead pursue solutions that respect both constitutional rights and the rule of law.