“This act impedes criminal law enforcement operations in Missouri,” Attorney General Merrick B. Garland said in a statement after the suit was filed in Kansas City federal court. “The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe.”
Biden administration officials had threatened to file the lawsuit for months. They first outlined their stance in support of a state case brought last year by local officials in the St. Louis area who claimed that the law hindered them from addressing the recent spike in gun violence.
I take issue with the New York Times’ framing here, because the Biden administration hasn’t spent the past few months threatening a lawsuit. In fact, the DOJ could have filed suit long before now, but have been content to support the St. Louis-based lawsuit right up until this week.
So what prompted the filing now? Missouri’s Attorney General has a theory.
(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accesories, or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(2) Any registration or tracking of firearms, firearm accessories, or ammunition;
(3) Any registration or tracking of the ownership of firearms, firearm accessories, or ammunition;
(4) Any act forbidding the possession, ownership, use, or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens; and
(5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
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