Gun Pulse: This county broke state law to ban certain firearms

The States

Bailey wrote in a litigation hold notice to Jackson County that he has “reason to believe” they violated the law by a statute which bans people under twenty-one from owning handguns and semiautomatic rifles.

The letter warned Jackson County officials to “preserve all records that may relate to communication between legislators who have or may have conspired to pass an unlawful and dangerous ordinance for mere political gain.” File Image.

Editor's Note: This article is from Gun Pulse, an email-only newsletter from The Sentinel published six days per week to cover the battle over the Second Amendment.

Missouri Republican Attorney General Andrew Bailey warned the government of Jackson County that they could expect a lawsuit over their ban on young adults owning certain firearms.

The state constitution of Missouri forbids local lawmakers from passing ordinances “concerning in any way” the sale or ownership of firearms. Bailey wrote in a litigation hold notice to Jackson County Legislature Chair Jeanie Lauer that he has “reason to believe” they violated the law by a statute which bans people under twenty-one from owning handguns and semiautomatic rifles.

“The right to keep and bear arms is inalienable,” Bailey recently remarked, saying that he would sue Jackson County for their “illegal attempt” to violate the Second Amendment.

Bailey noted that the passage of the ordinance came even after Jackson County Executive Frank White vetoed the measure, calling the effort “fundamentally flawed, unlawful, and counterproductive.” Jackson County Counselor Bryan Corvinsky likewise cautioned lawmakers that Missouri state law preempted their actions and would expose them to liability.

“Be advised that any failure to preserve documents of probative value to this case, even if inadvertent, will constitute spoliation of evidence and may result in a finding of contempt from the court or sanctions,” Bailey warned officials in Jackson County.

The expected legal action comes after the city of Memphis similarly approved three new gun control measures through ballot initiatives that violated Tennessee preemption laws.

Second Amendment advocacy organizations submitted a lawsuit that calls for declaratory and injunctive relief to restrain any enforcement of the new Memphis gun control measures.