‘The right to keep and bear arms is inalienable’: Missouri Attorney General plans to sue Jackson County over handgun ordinance

By: Chiefs focus

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Attorney General Andrew Bailey of Missouri has declared his intention to sue Jackson County, claiming that a new code that forbids anybody under 21 from owning a firearm or ammunition is unconstitutional.

The legal process began on November 18, 2024, when the Jackson County Legislature overrode the veto of Ordinance 5865 by County Executive Frank White.

According to Attorney General Bailey, the right to keep and bear arms is unalienable. In light of this, I intend to sue Jackson County for their unlawful attempt to infringe upon the Second Amendment rights of Missourians.

The county received a lawsuit hold notice from the attorney general, beginning what may turn out to be a significant court battle over state power and gun control.

Ordinance 5865 has been controversial ever since it was originally introduced. Jackson County may face lawsuits if the law is unlawful, as the County Counselor’s Office had previously warned.

The legislation was accepted by the county assembly in spite of these objections and Executive White’s eventual rejection.

In his letter of veto, Executive White highlighted the legal issues with the measure and the potential for legal action, especially from the Attorney General’s Office, which has a track record of opposing local gun control laws.

Attorney General Bailey’s lawsuit hold notice in reaction to the legislative decision stressed how crucial it is that Jackson County keep all pertinent records pertaining to the creation, approval, and overriding of Ordinance 5865’s veto.

Document preservation is crucial, according to Missouri and federal law, and failure to preserve these papers could lead to evidence spoliation, possible court penalties, or contempt rulings.

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All internal county correspondence pertaining to the draft, passage, and eventual override of the ordinance veto method are included in the Attorney General’s request.

Correspondence with third parties and members of any 401(c)(3) companies participating in the process is also included.

In Missouri’s continuous discussion about gun control and the distribution of authority between the federal, state, and local governments, this lawsuit represents a turning point.

According to the Attorney General’s office, the act puts the government’s capacity to regulate firearms consistently in jeopardy in addition to violating the state constitution.

As both sides get ready for what might be a landmark lawsuit on the boundaries of municipal government and the interpretation of Second Amendment rights in Missouri, legal experts predict a fierce court struggle.

As the case develops, it is anticipated to draw the interest of both proponents of gun rights and those calling for more stringent gun control laws, marking the beginning of yet another significant phase in America’s complex and contentious history with regard to gun laws.

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