Editorial -- Politicians Playing Off Law Enforcement Agencies Against Each Other

Recently, we have noticed a deeply disturbing pattern of politicians playing off state and federal law enforcement against each other. And that’s just wrong.

In 2021, the Missouri Legislature passed the Second Amendment Preservation Act, which says that federal laws and regulations that infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment must be invalid in Missouri. Missouri is within their rights to litigate against certain federal gun laws in court. The Supreme Court is showing a willingness to explore the issue. But states cannot simply pass nullification acts against federal laws that they don’t like. Furthermore, the law prohibits state and local law enforcement from cooperating in the enforcement of such laws. This is the part which is disturbing, because given the rampant rise of crime, cooperation between federal and state law enforcement agencies is essential. This includes getting guns out of the hands of felons, which is still on the books in Missouri and is still being enforced.

The US Constitution’s Supremacy Clause says that federal law is supreme over state law. We litigated this issue in the 1800’s. It was settled by the Civil War. States cannot simply pass nullification acts against laws they don’t like. 

Now, we have the actions of FBI Director Christopher Wray, who is snooping around. He wants to know the personal information of people in Missouri who have concealed carry permits. Under Missouri state law, sheriffs cannot turn this information over to anyone, even the feds. Privacy is a right that is contained in the US Constitution, and the ruling on privacy was left intact by the Supreme Court when it overturned Roe vs. Wade. 

When Senator Josh Hawley asked Director Wray questions about the nature and scope of the audit, Director Wray cut and run from the questions and refused to answer them. We all agree on the need to keep guns out of the hands of people who are a threat to themselves and others. Missouri has a law against felons possessing firearms, and red flag laws have been passed in Republican controlled states. But Director Wray’s actions go far beyond efforts to keep guns out of the hands of people who are a threat to themselves and others. They are a blatant effort to harass law abiding gun owners, and they are a blatant effort to play off federal, state, and local law enforcement against each other.

While he was appointed by Donald Trump, President Joe Biden has the authority to fire the FBI Director. The fact that he has not done so and has failed to direct Mr. Wray to back off tells me he is OK with the FBI snooping on the records of law abiding gun owners. And then Joe Biden wonders why nobody likes him.