Some local officials in the Kansas City area are itching for a fight with the Missouri legislature over the state’s firearm preemption law, but its still unclear whether they’ll get the chance to do so.
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Earlier this month the Jackson County legislature approved a gun control ordinance that directly conflicts with Missouri’s preemption law, but the ordinance is still awaiting action by Jackson County Executive Frank White. If White vetoes the measure the anti-gun politicians will have to litigate their case in the court of public opinion, but if he signs off on the ordinance the county will have to defend it in a court of law.
Here’s a look at exactly what the ordinance dictates:
- Prohibits anyone under the age of 21 from buying a handgun or ammunition
- Prohibits anyone under the age of 21 from selling or transferring a handgun or ammunition
- Required to have permission from a custodial parent or legal guardian to loan, sell, or give a firearm to anyone 18 or under
- No one between the ages of 18-21 can have a semiautomatic assault rifle unless:
- they are attending a firearms safety course
- they are using it at a shooting range that is legally open
- they are with a custodial parent, relative, or legal guardian who has the permission of the custodial parent
- they are on duty and a member of law enforcement, US armed forces, national guard, or reserves
Legislator Manny Abarca, who’s behind the new ordinance, reportedly told KCTV, “he believes a recent Supreme Court case established legal precedent and supports the county’s authority to enact local gun regulations.”
Despite Abarca’s claim, SCOTUS has said nothing about the validity of firearm preemption laws or any of the specifics of the new ordinance. Missouri state statute, however, makes it explicitly clear that Jackson County doesn’t have the authority to enact or enforce any gun control ordinances.
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The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. Any existing or future orders, ordinances or regulations in this field are hereby and shall be null and void except as provided in subsection 3 of this section.
2. No county, city, town, village, municipality, or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies except as provided in subsection 3 of this section.
Section 3 of Missouri’s preemption law allows localities to regulate the open carrying of firearms as well as the discharge of firearms, though it still prohibits political subdivisions from enacting any ordinance that “preclude[s] the use of a firearm in the defense of person or property.”
That section doesn’t apply to Abarca’s legislation, which clearly violates Section 2 of the statute by regulating the sale, transfer, and possession of handguns, semi-automatic rifles, and ammunition.
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So what will Frank White do with the ordinance? The former major leaguer won eight Gold Gloves over the course of his long career with the Kansas City Royals, but he’d be making an unforced error if he doesn’t veto the measure adopted by lawmakers. There’s no way that the ordinance could be enforced without triggering a lawsuit, and there’s no real chance that the Missouri Supreme Court would overturn the state’s preemption law.
The vast majority of states have similar laws in place because they make sense. A uniform body of gun laws is much easier to follow than a patchwork quilt of local ordinances that can vary wildly from town to town, county to county, or even cities and the surrounding county. Jackson County doesn’t have a case they could win in court. The only thing they have is a political stunt that could be costly to Jackson County taxpayers if White allows the ordinance to take effect.
