Missouri Attorney General Sues Jackson County Over Unconstitutional Firearm Ordinance

JEFFERSON CITY, Mo. – Missouri Attorney General Andrew Bailey announced today that his Office has filed suit against Jackson County to strike down its unconstitutional ordinance that restricts the Second Amendment rights of law-abiding adults 18 to 20 years of age. The lawsuit, filed in partnership with Gun Owners of America, Inc., seeks to halt enforcement of Jackson County’s unlawful restrictions on the purchase and possession of handguns and commonly owned firearms.

“Jackson County leaders don’t get to nullify the Constitution just because they disagree with it,” said Attorney General Bailey. “Their actions are a blatant attempt at lawfare to achieve their political agendas. We’re taking this fight to Court to defend the rights of every Missourian, because all law-abiding adults are entitled to equal protection under the Constitution.”

Missouri is taking this action because Jackson County Ordinance No. 5865 unlawfully criminalizes adults aged 18 to 20 for engaging in activity that is fully protected under both the U.S. Constitution and Missouri law. The ordinance bans the purchase of handguns and ammunition by these adults and prohibits them from possessing so-called “semiautomatic assault rifles,” a vague and undefined term, which includes many firearms in common use.

Missouri law unmistakably preempts local governments from creating their own firearm regulations. Under § 21.750, RSMo, the state has exclusive authority to legislate in this area, a fact that Jackson County’s own legal counsel acknowledged. Nevertheless, the Jackson County Legislature overrode the Jackson County Executive’s veto and deliberately pushed the ordinance forward in hopes of provoking a legal battle.

The ordinance has already harmed Missouri residents like Leonard Wilson Jr., an 18-year-old member of Gun Owners of America (GOA), who cannot legally complete a private purchase of a handgun from his uncle in Jackson County, even though such a transaction is legal under state and federal law. Wilson also cannot lawfully possess or transport a lawfully acquired “AR-15” in Jackson County without risking arrest.

“When constitutional freedoms are threatened, my Office will take action,” said Attorney General Bailey. “We’re standing up for the rule of law and the rights of every citizen.”

The full suit can be read here.