Missouri attorney general sues Jackson County over gun ordinance

Andrew Bailey sues Jackson County, challenging handgun ordinance banning possession for individuals under 21.

Missouri Attorney General Andrew Bailey has filed a lawsuit against Jackson County, accusing the legislature of violating state law with its recent passage of a gun control ordinance. 

The ordinance, which bans handgun possession for individuals under 21, was passed after the legislature overrode a veto by County Executive Frank White Jr.

The controversy began when Legislator Manny Abarca introduced Ordinance 5865 in response to a shooting at the Chiefs Super Bowl parade. Two of the alleged shooters were under 18, and two of the three charged with murder were under 21. The ordinance aimed to tighten handgun restrictions for young people, but it quickly faced criticism for conflicting with Missouri’s firearms preemption statute, which prohibits local governments from enacting gun control measures stricter than state law.

County Counselor Bryan Corvinsky warned the legislature in July that passing the ordinance would violate state law and expose the county to legal challenges. Despite the warning, legislators approved the measure, prompting White to veto it, calling the ordinance “performative legislation” that would lead to costly legal battles. On Monday, however, the legislature decisively overrode his veto with a 7-2 vote.

“While I respect the legislative process, this ordinance does not meet legal standards,” White said, expressing his disappointment. “Our resources should be directed toward real, effective public safety measures, not wasted on legal battles over laws that are unlikely to withstand judicial scrutiny.”

Abarca defended the ordinance, emphasizing the need to challenge state preemption laws. “We wrote this, knowing that it would be challenged, hoping for a court battle,” he said.

On Thursday, Bailey announced the lawsuit, stating, “I will always protect Missourians’ right to keep and bear arms.” His letter to Legislature Chairperson Jeanie Lauer accused the county of knowingly flouting Missouri law, citing Corvinsky’s warning as evidence.

This case underscores escalating tensions between local and state governments over gun control. The outcome could set a significant precedent for similar disputes across Missouri and beyond.

🚨BREAKING: I will be filing suit against Jackson County for their illegal attempt to violate Missourians’ right to keep and bear arms.

They must preserve all communications and evidence in anticipation of litigation. pic.twitter.com/Q7KXeySgck

— Attorney General Andrew Bailey (@AGAndrewBailey) November 21, 2024