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The Biden Administration Sues Over Missouri’s Pro–Second Amendment Law

A Missouri law that allows people to sue police officers is being challenged by the Justice Department For gun rights violations. Under Missouri’s “Second Amendment Preservation Act,” Missouri law enforcement is barred from enforcing certain federal gun control measures—and people can sue police who do.

H.B. 85, a law passed in 2021, has now drawn the ire of the Biden administration. The law (H.B. 85), which was passed in 2021 has drawn the fury of the Biden administration. Brian M. Boynton, Principal Deputy Assistant Attorney-General, stated that a state can’t declare federal laws inapplicable.

H.B. According to H.B. 85, Missouri denies several types of federal gun laws. These provisions are considered to be violations to the right of citizens to possess and use firearms. This includes “any tax or levy or fee, stamp, or stamp, imposed upon firearms and firearm accessories or ammunition that are not common with all other goods or services,” as well as “any registration, tracking, and transfer of firearms or ammunition by law-abiding residents” and “any order to confiscate firearms or firearm accessories or ammunition from law enforcement citizens.”

H.B. H.B. 85 directs state and local law enforcement to not cooperate with federal authorities to enforce these measures, and states that Missourians have the right to sue them if they do.

Missouri governor Michael L. Parson said that “HB 85 gives Washington D.C. notice that here, Missouri, we support responsible gun owners and that we reject government overreach. In a statement, Michael L. Parson last summer.

H.B. 85 was enacted. “Dozens of state and local officers have resigned from federal joint-task forces” to enforce federal gun laws. According to the Department of Justice, “Dozens of state and local officials have quit federal joint task forces to enforce federal gun laws” since H.B. 85 was passed.

“This act hampers criminal law enforcement activities in Missouri,” stated Attorney General Merrick Barland in Wednesday’s statement.

Which is, of course, the whole point—Missouri thinks that some federal firearms laws may violate the Second Amendment and doesn’t wish to help enforce them. This opting-out is not permitted by the federal government.

The DOJ claims that H.B. 85 is preempted by federal law and violates the Supremacy Clause of the U.S. Constitution (which says that “this Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…any Thing in the Constitution or Laws of any State to the Contrary notwithstanding”). This law declares federal workers involved in gun control plans disqualified from any future employment at “any Missouri political subdivision or agency.”

“Although a state may lawfully decline to assist with federal enforcement…a state may not directly regulate federal authority. H.B. H.B.

H.B. is being challenged by the Missouri police asking for a stay of enforcement. 85 to clarify that Missouri police officers can legally participate in the enforcement of measures it claims aren’t “infringements”, but rather “well-established federal regulations for firearm registration, tracking and restrictions on certain firearms possession.”

In response, Eric Schmitt, Missouri Attorney General said that the DOJ was “attempting to attack Missourians’ Second Amendment rights”. “Main’t mistake, law is against us in this case and I plan to defeat the Biden administration in court.”

H.B. 85 “have claimed that the new law does not prohibit federal agents working in Missouri,” notes H.B. The New York Times.

The TimesThe language used here is somewhat strange. It’s argued that this was merely an argument made by supporters, rather than a fact. This does not prevent federal agents from applying federal laws to Missouri. Instead, it prescribes the actions of Missouri law enforcement.

According to reports, the Missouri law is part of “a wider movement to resist federal firearm control.” ReasonJacob Sullum,’s last summer. He mentions that H.B.’s legal argument was the same as those used for support. 85″ are identical to those that were used to support sanctuary city cities. They rely on the “well-established anticommandeering doctrine,” which states that the federal government can’t compel local and state officials to follow its regulatory or criminal laws.

Sullum noted that H.B. had an immediate effect on the economy. 85 is likely to be of little consequence:

Federal firearm offenses are crimes under Missouri law. The restriction does not apply.

According to their sponsors, the main goal of the law is to be proactive. Missouri officials won’t be allowed to assist in gun control enforcement if Congress passes the Gun Controls that President Joe Biden supports, including a ban on unregistered manufacture of assault weapons.


FREE MINDS 

Idaho has a Texas-style abortion law.The bill SB 1309 would allow the sibling, father, aunt or uncle of an abortion-related fetus to sue the doctor for $20,000 in minimum damages and attorney fees. According to Boise’s KTVB, there is no other mechanism for enforcement.

“It’s unconstitutional on its face,” state Sen. Grant Burgoyne (D–Boise) said. “I think that the state of Idaho is in for another rough ride on…abortion litigation, and an expensive ride, and an unconstitutional ride.” On Wednesday, the Senate passed the bill.

“Ken McClure is a lobbyist representing the Idaho Medical Association. He testified extensively about legal issues his association sees within the bill. These include authorizing repeat lawsuits for same abortion and forbidding physicians from receiving attorney fees if their compliance with the law has been achieved.” KTVB reports.


FREE MARKETS

Juul antitrust case dismissed The Federal Trade Commission’s attempt to end a partnership between tobacco company Altria and vaping company Juul has fizzled…for now. ABC News reported that an administrative law judge dismissed a federal case alleging that Juul Labs and Altria had entered into an anticompetitive agreement which hurt consumers.

Federal Trade Commission can review and appeal the initial decision of the agency judge. Altria did not have immediate access to the judge’s decision at the time. Altria, which owns brands such as Marlboro and Copenhagen, stated that the ruling will be made available online in the latter part of this month.


FOLLOW-UPS

Ottawa Police alert truckers In an apparent last attempt to prevent more severe measures, the Ottawa Police Service sent out warnings by writing to Freedom Convoy protestors on Wednesday. The Ottawa Police Service issued written warnings to “Freedom Convoy” protesters on Wednesday in an apparent final attempt to avoid more extreme measures. “Anyone blocking streets or aiding others in blocking streets are guilty of a criminal offense and may face arrest,” said the notice. If you are found guilty of any further illegal activities, you may be arrested.

Additional criticisms of the EARN IT Act and more regulation by its sponsor. J.D. writes that although it won’t save children, encrypted messaging might be ending. Tuccille is here There are reasons:

It is not something that governments like when subjects are secretive. They also don’t enjoy encryption technology which allows people to hide their communications from prying eyes. However, the public doesn’t seem to be buying the claims of politicians about eavesdropping. The powers that be went on to claim they are concerned about children’s privacy and only incidentally restricted the use of methods for protecting it. EARN IT Act represents the latest intrusion into our communications. Its advocates sometimes let their mask slip.

TechdirtThis article explains how this measure might “give abusers an escape from jail card”.

Companies will be able to operate under the existing system. CanLook for any child sexual abuse material (CSAM). Report it to NCMEC. It is useful, and prevents the spread of child sexual abuse material (CSAM). However, the 4th Amendment states that if the government orders a search it must issue a warrant. If the government is requesting a search, it would need a warrant. MandatesThis search — which, as many senators pointed out in their “myths, facts” document as well as in the markup listening, is exactly what this bill intends to do — will lead to anyone charged with the collection of evidence via such a Google search to have an unfortunate strong answer that the evidence was obtained under state action. A warrant would be required to obtain the warrant in order for the evidence to survive review by the 4th Amendment.

This means that it gives criminals who are involved in child abuse the ability to conceal evidence they have against them pursuant to the 4th Amendment. This would render it impossible to enforce the 4th Amendment. more difficultIt would be illegal to bring criminals on trial. Even worse, this would create a dangerous precedent where companies could be encouraged to prosecute criminals. NotTo find, remove and report, you can use the basic scanners [child pornography]It would be inadmissible in court.

On Wednesday, EARN IT Act sponsor Sen. Richard Blumenthal (D–Conn.) A new piece of overreaching and burdensome tech regulation has been announced, this time by Senator Richard Blumenthal (D.Conn.).

The “sweeping bill” will, among other things, “require that companies make tools that allow parents to monitor how long their children spend on a particular service or opt out from features like autoplay that may extend time online,” says the note. The Washington Post. The companies would need to provide parents or minors with the option to change tech company’s recommendation algorithms. This will enable them to restrict and ban specific types of content.


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