Supreme Court Declines to Intervene on Missouri 2A Protection Act Appeals Process

The Second Amendment Preservation Act of Missouri was the subject of an emergency application on Friday, but the Supreme Court of the United States declined to weigh in.

The Supreme Court chose not to get involved while the appeals process is ongoing; similar decisions to forgo getting involved when gun legislation is in the appeals process have frequently led to the High Court eventually hearing the case.

For instance, Breitbart News noted on May 17, 2023 that the Supreme Court declined to weigh in against the Naperville “assault weapons” ban, opting instead to let the legal system proceed normally.

Even more recently, on August 8, Breitbart News reported that the Supreme Court had decided to support the ATF's “partially complete” pistol frame rule while an appeal is being heard by the Fifth Circuit of the United States Court of Appeals.

The state of Missouri declared several federal gun control laws unenforceable under the Missouri Second Amendment Preservation Act. Another aspect of the law allows police departments/agencies to be sued by Missouri citizens if citizens could prove gun controls infringing the Second Amendment had been enforced.

The Second Amendment Preservation Act appeals process in Missouri is currently underway, and the Supreme Court decided on Friday not to get involved.

“I agree with the denial of the application for a stay under the present circumstances. An injunction purporting to bind private parties not before the district court or the ‘challenged' provisions ‘themselves,' however, would be inconsistent with the ‘equitable powers of federal courts,'” Justice Neil Gorsuch wrote in agreement with the decision not to intervene at this time.

Justice Samuel Alito agreed with Gorsuch. Justice Clarence Thomas dissented but provided no explanation with his dissent.

The application for an emergency concerned Missouri v. United States. The application was No. 23A296 in the Supreme Court of the United States.