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Supreme Court’s Decision on Second Amendment Preservation Act Sparks Heated Debate

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Supreme Court’s Decision on Second Amendment Preservation Act Sparks Heated Debate
Source: Pinterest

Supreme Court’s Decision on Second Amendment Preservation Act Sparks Heated Debate

Source: Pinterest

Many Americans have varying opinions regarding gun regulations in the company. This has caused a heated debate for months that has only gotten worse thanks to the Supreme Court’s recent decision. 

Gun Laws in the U.S.

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Gun laws in America have been subject to a lot of criticism for a long time. Lately, this has increased due to the increase in the number of shootings that have occurred over the past few years.

Millions are supporting the gun laws and claiming that a restriction will be an infringement on their second amendment rights. However, millions are also concerned about the lack of safety that these guns bring. 

The Second Amendment Preservation Act by Missouri

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Back in 2021, the state of Missouri took a huge stance for gun laws to stand. The state passed the Second Amendment Preservation Act, which read that the state would not have to follow any restrictions on the right of its residents to bear firearms.

Even if the federal government passes a new law to tighten or adjust the gun laws, the state will maintain its autonomy and wouldn’t have to follow them. 

Missouri’s Disapproval 

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The act further explains that the Second Amendment Preservation Act will invalidate “all federal acts, laws, orders, rules, and regulations, whether past, present or future,” that infringe on the rights to bear and keep arms in Missouri.

Therefore, law enforcement agencies and their officials will be unable to prosecute those who refuse to follow any of those laws. 

The Tenth Amendment 

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Under the Tenth Amendment of the United States Constitution, states have reserved authority over their laws, and all the power of the legislature is not granted to the federal government.

Therefore, Missouri’s Second Amendment Preservation Act highlights the Tenth Amendment to back up its legality. Therefore, the state is not legally bound to follow any restrictions on gun laws that are not implemented by the state’s legislature itself. 

ALSO READ: US Supreme Court Set to Take Up Legal Fight Against Ghost Guns, Guns Without Serial Numbers

The FG Vs. Missouri 

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When Missouri passed the bill in 2021, the federal government was not pleased with this decision. Therefore, the Biden administration filed a lawsuit against the state almost immediately.

The lawsuit challenged Missouri’s right to block any laws that the federal government has or might develop in the future concerning the right to own, keep, and use firearms. 

Missouri Loses At District Court 

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The case first went to a district court where U.S. District Judge Brian Wimes ruled against the state of Missouri. The judge decided that Missouri’s Second Amendment Preservation Act was indeed unconstitutional, just like the federal government had complained it was.

Therefore, Judge Wimes ruled in favor of the federal government, negating Missouri’s claim for autonomy regarding the gun laws. 

Missouri’s Appeal to the Supreme Court 

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Just a few days after Judge Wimes’ ruling, Missouri took the case to the U.S. Supreme Court. During that time, the state could not enforce the Act until the court was settled in the Supreme Court.

In October last year, the Supreme Court released its verdict, agreeing with the decision of the district court judge. However, Missouri’s leaders did not give up and appealed the decision through the Eighth Circuit Court of Appeals.

POLL—Should the Government Increase Taxes on the Wealthy To Reduce Economic Inequality? 

The Decision of the Supreme Court 

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The state of Missouri was beyond shocked to hear that the verdict of the Supreme Court was against the state. This is because it believed that the federal government’s suit was not enough to stop them from passing the Second Amendment Preservation Act.

However, the Supreme Court disagreed with eight out of nine of the judges voting against Missouri. Only a Republican judge, Clarence Thomas, voted for the state. 

Americans Worry About Their Rights 

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The Supreme Court’s decision has further increased the debates on gun laws in the country. Those who support President Joe Biden’s recent laws to increase gun safety are quite pleased that every state has to follow them.

However, gun rights activists are strongly against these laws, claiming that the government is trying to infringe on their Second Amendment. 

The Future of Gun Rights in America 

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The Biden Administration’s new gun laws were explained earlier this year, on April 11th, as part of the Bipartisan Safer Communities Act.

The new laws establish a higher standard for gun sellers and owners, considering their conduct and assessing possible dangers to them. This law will be enforced in all 50 states, including Missouri after the state lost its case.

ALSO READ: Massachusetts Democrats Face Pushback From Black Gun Owners Over Gun Rights Restrictions

Will There Be More Gun Laws in the Future?

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It is unclear if the federal government will pass more gun laws soon or in the future. As the country is in its election year, the next president may change the future of gun laws completely.

As most Democrats support stricter gun laws, a win could mean more gun laws. However, if the Republican candidate wins, there is a high chance that all restrictions will be lifted.

Worry Among Americans 

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Without a doubt, the future of gun laws in the country is very important to Americans. Therefore, this ruling by the Supreme Court has caused a lot of people to have several opinions.

Some think that this is cause for serious concern as they believe that the Supreme Court should not support the Federal government in the case against Missouri, which could also be seen as hindering the state’s legal rights. 

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