The state of Missouri is pretty pro-gun. How pro-gun are they? They have a law basically nullifying federal gun control laws within the state. I mean, the feds can still enforce the law, but no one from the state or local law enforcement agencies is going to give them any assistance at all, and that's only because Missouri can't physically stop the feds.
They want to, though.
But one local commissioner in Jackson County, Missouri, wanted to pick a fight, and as a result has been smacked down before it ever got going really.
County Commissioner Manny Abarca tried to argue that the Supreme Court had ruled in some manner that rendered state preemption laws--laws that prevent local governments from enacting gun control measures of their own--and wanted to pick a fight with the state.
He introduced a measure that would do just that.
Well, Jackson County Executive Frank White Jr. had something to say about that.
Jackson County Executive Frank White Jr. vetoed Ordinance 5865, a proposed measure from legislators targeting firearm regulations in the county.
White sent the ordinance back to the Jackson County Legislature, citing what he called legal conflicts and impracticalities.
In a formal veto message, White said the ordinance “remains fundamentally flawed, unlawful, and counterproductive.”
“While I am steadfast in my commitment to protecting our community, I cannot support legislation that is unlawful, unenforceable and exposes Jackson County to costly legal battles,” said White. “I have never hesitated to challenge the state when it serves the public interest, as evidenced by our prior opposition to House Bill 85, but we must ensure that our actions are both necessary and legally sound.”
White gave a list of issues that were a problem, including a couple of passages that seemed contradictory and some that just seemed inconsistent as a whole.
However, two involved preemption, including White correctly noting that it would likely trigger lawsuits that would create a drain on county finances, and for no noticeable gain.
He's right.
First, Abarca is wrong about his reading of what the Supreme Court has ruled on. They've never taken up the issue of preemption. While the Court has noted that there were some local gun control laws around at the time of the nation's founding, that wasn't carte blanche for local governments to decide to circumvent preemption laws. It had nothing at all to do with preemption laws.
Instead, it has everything to do with Abarca trying to make a name for himself.
If he can raise his profile, he might be able to get a high enough profile to challenge for a seat in either the state legislature or maybe even Congress.
But if he wants to do that, he should do it on his own dime and not try and force the taxpayers to fund a losing battle over a well-established state law that's not going anywhere.
Of course, he's a Democrat, so of course his first thought is to squander taxpayer money for a pet project that literally no one wants. Unfortunately for him, White had enough good sense to spare the people of Jackson County from wasting hundreds of thousand of dollars that could be better used doing literally anything else.