A Missouri appeals court is weighing whether the City of St. Louis can require gun owners to lock up their firearms if they want to leave them in an unattended parked vehicle.
The city approved its lock-up requirement in 2017 in response to a rash of cases in which guns stolen from cars were later used in crimes. In 2024, St. Louis resident Michael Roth's gun was stolen from the middle console of his locked car while he attended Mass at the Cathedral Basilica in the Central West End. When he reported the theft to police, he was cited for failing to keep the weapon in a locked box.
Although city prosecutors dropped the case, Roth sued. He argued they could issue the charges again and had filed similar cases against other gun owners, in violation of a state law that strips cities of most of their power to regulate firearms.
Circuit Judge Joseph Whyte ruled in favor of Roth last July. The city appealed. Oral arguments were Thursday.
Attorneys for the city and for Roth agree that state law places limits on local gun regulations. But they disagree about the extent of those limits.
The state law in question has two key subsections. The first says the General Assembly "occupies and pre-empts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state."
A second subsection says local political subdivisions cannot pass any regulations on "the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, components, ammunition, and supplies."
Roth's attorney, Matt Vianello, told the court it was the broader first subsection that set the limits on what's legally known as preemption — in which a higher level of government sets limits on a lower level of government. Judges, he said, have to look at the plain language of the law to determine how far the General Assembly intended it to go.
"Their intent is clear: uniform firearm legislation throughout the state, so that you don't have a hodgepodge of regulation just because you cross Skinker Boulevard coming into the city of St Louis," Vianello said.
Nathan Puckett, an attorney for the city, told the court that the second subsection — which lists specific categories — was where the judges should look to decide the validity of the ordinance.
"The problem with looking to subsection one is that legislation 'touching in any way firearms' is not a specific area of legislation at all," he said. "It is so general as to be nearly unlimited," he said. Therefore, the court needs to look to subsection 2, which outlines specific areas like transportation and taxation."
The ordinance, Puckett said, dealt solely with the storage of firearms, which is not something on the list. Therefore, he said, it remains valid and the city should be allowed to enforce it.
Vianello disagreed with that analysis. Requiring someone to lock up a gun if they want to leave it in their car in the city, he said, regulates the transportation and possession of guns by making a person choose whether or not they bring their gun into the city if they don't have a lockbox.
The court will rule at a later date.
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