Missouri Attorney General Andrew Bailey has announced plans to file a lawsuit against Jackson County, alleging that a new ordinance prohibiting individuals under the age of 21 from possessing firearms or ammunition violates constitutional rights.
On November 18, 2024, the Jackson County Legislature overrode County Executive Frank White’s veto of Ordinance 5865, leading to the legal action.
“The right to keep and bear arms is inalienable,” Attorney General Bailey declared. “To that end, I will be filing suit against Jackson County for their illegal attempt to violate Missourians’ Second Amendment rights.”
The attorney general has issued a litigation hold notice to the county, kicking off what could become a major legal conflict over gun regulation and state authority.
Since its first introduction, Ordinance 5865 has been contentious. The County Counselor’s Office previously warned that the law could be unconstitutional, potentially exposing Jackson County to lawsuits.
Despite these reservations and Executive White’s subsequent veto, the county assembly approved the measure.
Executive White emphasized in his veto letter the legal concerns surrounding the law and the possibility of litigation, particularly from the Attorney General’s Office, which has a history of challenging municipal gun restrictions.
In response to the legislative decision, Attorney General Bailey’s litigation hold notice emphasized the importance of Jackson County retaining all relevant documentation related to the drafting, passage, and overriding of Ordinance 5865’s veto.
Under federal and Missouri law, the warning states that document preservation is critical and warns against any neglect of these records, which may result in evidence spoliation and potential court penalties or contempt decisions.
The Attorney General’s request encompasses all internal county communications regarding the draft, passage, and ultimately override of the ordinance veto approach.
It also includes correspondence with members of any 401(c)(3) companies involved in the process, as well as third parties.
This lawsuit marks a watershed moment in Missouri’s ongoing debate over gun regulation and the balance of power between state and municipal governments.
The Attorney General’s office claims that the ordinance not only violates the state constitution, but also jeopardizes the government’s ability to regulate firearms uniformly.
Legal experts anticipate a heated legal battle as both parties prepare for what could be a historic case on the limits of local government and the interpretation of Second Amendment rights in Missouri.
As the case progresses, it is likely to attract the attention of both gun rights supporters and those advocating for stricter gun control policies, ushering in yet another important chapter in America’s convoluted and divisive history with firearm legislation.
