An attempt by a Kansas City-area lawmaker to pick a fight with the state of Missouri over its firearm preemption statute has come to an abrupt halt, and for a very good reason.
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Jackson County legislators recently approved an ordinance written by legislator Manny Abarca that flagrantly violated Missouri’s preemption law by establishing age limits for firearm and ammunition purchases, including an almost near-total ban on the possession of “assault rifles” (a term left undefined by the ordinance, by the way) for adults under the age of 21. Abarca made no secret of the fact that he was hoping to get into a legal tussle with the state, telling reporters back in July that he, “instructed general council to write these as if they’re going to be policies we are going to enforce, and let’s enforce them until we’re told not to.”
“If that means the state’s attorney general has to come down and sue the county because we’re trying to create safe communities, then so be it,” Abarca said. “Let’s take this through the judicial process.”
Well, that’s not gonna happen. On Thursday, Jackson County Executive Frank White vetoed Abarca’s ordinance, and made it clear he wasn’t interested in helping Abarca use public safety as a public relations stunt for gun control.
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.”
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The bill White referred to is the Second Amendment Preservation Act, which is currently the subject of a federal lawsuit brought by the Biden administration. White may not be a fan of that particular statute, but that doesn’t mean he wants to waste time and taxpayer money defending the indefensible just so Abarca and gun control activists can get a few headlines.
White pointed out the ordinance could “potentially lead to a significant drain on taxpayer resources” if it was challenged by Missouri’s Attorney General or Jackson County residents, which is undoubtedly true. He encouraged Abarca and other county lawmakers to “focus on sustainable, common-sense public safety initiatives that do not conflict with state law,” adding the county, “deserves policies that are effective, responsible, and avoid needless litigation.”
Abarca’s ordinance failed in every one of those categories. It banned the sale and transfer of handguns and ammunition to anyone under the age of 21, while prohibiting the possession of undefined “semiautomatic assault rifle[s]” by 18, 19, and 20-year-olds unless they were attending a “firearms safety course”, at a legally open shooting range, or “with a custodial parent, relative, or legal guardian who has the permission of the custodial parent.”
These misdemeanor ordinances wouldn’t have been effective at stopping violent crimes from taking place, and they didn’t just violate Missouri’s preemption law. They implicate the Second Amendment rights of young adults in Jackson County as well. And instead of avoiding needless litigation, Abarca sought it out; willing and ready to waste taxpayer money in a quixotic attempt to undo Missouri’s preemption law.
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If Abarca was looking for attention, he got his wish. The county’s chief executive called him out for pushing an unlawful, fundamentally flawed, irresponsible, and counterproductive ordinance. Yes, other county lawmakers voted in favor of the measure, but it was Abarca’s big idea and ultimately he’s the one who should get the blame for wasting time and energy on such an unserious proposal.
