Missouri Lawmakers Are Attempting to Pass Legislation That Would Revive the State’s “Second Amendment Preservation Act,” Which was Struck Down as Unconstitutional in 2023
JEFFERSON CITY, Mo. — The Missouri chapters of Moms Demand Action and Students Demand Action, both part of Everytown for Gun Safety’s grassroots network, issued the following statement in response to Missouri House lawmakers passing House Bill 1175, which would prohibit state or local employees from enforcing federal firearms laws. This bill is a dangerous attempt to revive Missouri’s previous “Second Amendment Preservation Act,” which was struck down as unconstitutional in 2023. If this law was in effect at the time of the Kansas City Chiefs 2024 Superbowl parade, the results may have been far more deadly as the law could have made it more difficult for law enforcement to respond effectively. The bill now heads to the Senate.
“The action of Missouri lawmakers over the last 24 hours should send alarm bells to all Missourians who care about their safety,” said Shannon Witcher, a volunteer with the Missouri chapter of Moms Demand Action. “First, the Governor signs into law a bill that ties the hands of law enforcement to protect our communities from gun violence. Now, Missouri House lawmakers have advanced a bill that attempts to revive a law so dangerous that it was not only struck down as unconstitutional, law enforcement have gone on record citing that if this law had been on the books during the 2024 Kansas City Chiefs Superbowl parade, we could have seen even more bloodshed.What’s next!?”
“Extremist Missouri lawmakers continue trying to make our state more dangerous by prioritizing gun lobby priorities over public safety,” said Sharon Williams, a gun violence survivor, fellow with the Everytown Survivor Network and a volunteer with the Missouri chapter of Moms Demand Action. “This isn’t a game and shouldn’t be treated as political theater. We are disgusted by their relentless efforts to strip away all gun safety measures. We will continue our advocacy, and double down on our call to action.”
The Missouri House floor vote comes less than 24 hours after Missouri Governor Mike Kehoe signed House Bill 495 into law. This dangerous measure will wrest control of the city’s police force away from its democratically elected mayor in St. Louis and place it in the hands of an appointed board — thwarting any efforts by the city to improve community trust in policing or enact police accountability measures, undermining public safety in St. Louis.
More dangerous action could be imminent in the state. In addition to advancing SB 23 and yesterday’s signing of HB 495, Missouri lawmakers are also considering these dangerous measures:
- SB 77, which would further weaken gun laws by forcing firearms into places of worship and public transit;
- SB 142, legislation to nullify federal laws in Missouri by declaring federal and state judicial orders requiring relinquishment of firearms by “law-abiding citizens” as a Second Amendment infringement, effectively attempting to invalidate any extreme risk protection order from another jurisdiction, and
- SB 363, legislation to expand Missouri’s dangerous Shoot First law, a policy associated with an increase in homicides and with instances of racist gun violence, giving people a license to kill, allowing them to use deadly force as a first option rather than the last and then claim self defense.
Missouri lawmakers have put lives in jeopardy by systematically chipping away at any and all gun safety laws, including rolling back measures to require background checks for private handgun sales and measures to require a permit to carry concealed firearms in public. Missouri has some of the weakest gun laws in the country and lacks many foundational gun safety laws, which has resulted in the state having the eighth highest rate of gun deaths in the country.
Missouri has incredibly dangerous gun policies already in place, which lawmakers are trying to expand, including a dangerous Shoot First law, also known as Stand Your Ground. This deadly policy gives people a license to kill by allowing them to use deadly force as a first option rather than the last. These laws have been associated with an increase in homicides and instances of racist gun violence. This policy has a disproportionate impact on communities of color. In states with Shoot First laws, homicides in which white shooters kill Black victims are deemed justifiable five times more frequently than when the situation is reversed.
The combination of Shoot First Laws and paranoid extremism promoted by the gun lobby have created a vigilante gun culture that encourages people to seek out dangerous situations and emboldens them to preemptively shoot others and then claim self-defense. The shooting of Ralph Yarl in 2023 highlighted just how dangerous the reality is of the culture created by these gun lobby policies — one where paranoid adults, armed with deadly weapons, can shoot children with no warning.
And yet, during both the 2023 and 2024 legislative session, lawmakers attempted to double down on these policies. They introduced multiple pieces of legislation to expand Shoot First laws, and legislation to expand the state’s existing nullification law, which penalizes law enforcement who attempt to enforce federal gun safety protections. In March, a federal court struck down Missouri’s dangerous nullification bill or “Second Amendment Preservation Act” as unconstitutional.
As Missouri lawmakers continue to stoke fear and push a narrative that more guns everywhere make us safer, and as the Missouri lawmakers continue to weaken gun laws and allow more guns in more places — more violence is the logical conclusion.
More information about gun violence in Missouri is available here.