“The right to keep and bear arms is inalienable”: Missouri AG set to file lawsuit against Jackson County over firearm ordinance

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Missouri – Missouri Attorney General Andrew Bailey has announced plans to initiate a lawsuit against Jackson County, alleging that a new ordinance which restricts individuals under the age of 21 from possessing firearms or ammunition infringes on constitutional rights. The legal action comes after the Jackson County Legislature overrode a veto from County Executive Frank White concerning Ordinance 5865, which was enacted on November 18, 2024.

“The right to keep and bear arms is inalienable,” stated Attorney General Bailey. “To that end, I will be filing suit against Jackson County for their illegal attempt to violate Missourians’ Second Amendment rights.”

With a litigation hold notice to the county, the Attorney General has started what might turn out to be a major legal conflict over gun regulation and state authority.

From its introduction, Ordinance 5865 has been contentious. The County Counselor’s Office previously warned that the law could be unconstitutional and might expose Jackson County to potential lawsuits. Despite these cautions and Executive White’s later veto, the county assembly adopted the measure. Executive White underlined in his veto letter the legal concerns connected with the law and the possibility of litigation, especially from the Attorney General’s Office, which has a past of contesting municipal gun restrictions.

Attorney General Bailey’s litigation hold notice in response to the legislative decision underlined the need of Jackson County maintaining all pertinent documentation related to the drafting, passing, and overriding of the veto of Ordinance 5865. Under federal and Missouri law, the warning states that the preservation of documents is crucial and cautions against any neglect of these records since it may cause spoliation of evidence and possible court penalties or contempt decisions.

Missouri Attorney General Andrew Bailey has announced plans to initiate a lawsuit against Jackson County over firearm ordinance
Credit: Deposit Photos

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The demand of the Attorney General covers all internal county communications on the draft, pass, and finally override of the ordinance veto approach. It also covers correspondence to members of any 401(c)(3) companies engaged in the process as well as to third parties.

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This lawsuit marks a turning point in Missouri’s ongoing discussion on gun regulation and the balance of power between state and municipal authority. The Attorney General’s office contends that the ordinance not only violates the state constitution but also compromises governmental ability to control firearms uniformly.

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As both parties get ready for what might be a historic case on the boundaries of local government and the interpretation of Second Amendment rights inside the state of Missouri, legal professionals predict a strong legal struggle. As the case unfolds, it will probably get attention from gun rights supporters as well as those in favor of stricter gun control policies, thereby ushering yet another important chapter in America’s convoluted and divisive history with gun legislation.

The litigation hold notice can be read here.

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