Section 1.470

Title I LAWS AND STATUTES

Chapter 1

Effective - 12 Jun 2021, see footnote   

  1.470.  Employment of certain former federal employees prohibited, civil penalty — standing — no sovereign immunity. — 1.  Any political subdivision or law enforcement agency that knowingly employs an individual acting or who previously acted as an official, agent, employee, or deputy of the government of the United States, or otherwise acted under the color of federal law within the borders of this state, who has knowingly, as defined under section 562.016, after the adoption of this section:

  (1)  Enforced or attempted to enforce any of the infringements identified in section 1.420; or

  (2)  Given material aid and support to the efforts of another who enforces or attempts to enforce any of the infringements identified in section 1.420;

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shall be subject to a civil penalty of fifty thousand dollars per employee hired by the political subdivision or law enforcement agency.  Any person residing in a jurisdiction who believes that an individual has taken action that would violate the provisions of this section shall have standing to pursue an action.

  2.  Any person residing or conducting business in a jurisdiction who believes that an individual has taken action that would violate the provisions of this section shall have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County with respect to the actions of such individual.  The court shall hold a hearing on the motion for a temporary restraining order and preliminary injunction within thirty days of service of the petition.

  3.  In such actions, the court may award the prevailing party, other than the state of Missouri or any political subdivision of the state, reasonable attorney's fees and costs.

  4.  Sovereign immunity shall not be an affirmative defense in any action pursuant to this section.

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(L. 2021 H.B. 85 & 310)

Effective 6-12-21

(2023) The Second Amendment Preservation Act is unconstitutional in its entirety as a violation of the Supremacy Clause, Article VI of the United States Constitution.  United States v. Missouri, 660 F.Supp.3d 791 (W.D. Mo.).