Missouri Attorney General Andrew Bailey has announced plans to file a lawsuit against Jackson County, Missouri, following the passage of an ordinance that he claims infringes on Second Amendment rights. The ordinance in question prohibits individuals under 21 from possessing firearms or ammunition.
Attorney General Bailey stated, "The right to keep and bear arms is inalienable," and confirmed his intention to sue Jackson County for what he describes as an illegal attempt to infringe upon these rights.
A litigation hold notice was sent to Jackson County regarding the recent veto override of Ordinance 5865. In this notice, Bailey informed the county, "This letter serves as a formal document hold notice under federal and Missouri law. We have reason to believe that the Jackson County Legislature’s recent override of County Executive Frank White’s veto of Ordinance 5865 violated Missouri law… and are an attempt to undermine State authority."
County Executive Frank White had previously vetoed Ordinance 5865, citing advice from the County Counselor's Office. In his veto letter, White noted, "The County Counselor’s Office has issued an opinion stating that Ordinance 5865 violates state law, is unenforceable and exposes the County to potential lawsuits, namely by the Attorney General’s Office, which has history of suing municipalities over such gun restrictions."
Bailey emphasized the need for Jackson County to preserve all relevant records related to communications among legislators about drafting and passing Ordinance 5865. He warned that failure to preserve documents could lead to legal consequences: "Be advised that any failure to preserve documents of probative value to this case, even if inadvertent, will constitute spoliation of evidence and may result in a finding of contempt from the court or sanctions."