Missouri AG to sue Jackson County over gun ban on people under 21

KANSAS CITY, Mo. (KCTV) - On Monday, the Jackson County Legislature overrode a veto of its county executive concerning an ordinance that would ban guns for people under the age of 21, in most cases. Three days later, Missouri’s Attorney General announced he plans to challenge that action in court.

“I will be filing suit against Jackson County for their illegal attempt to violate Missourians’ right to keep and bear arms,” Bailey shared on social media. “They must preserve all communications and evidence in anticipation of litigation.”

Missouri’s preemption law prohibits local governments from enacting any firearms regulations that are more restrictive than state law.

Legislator Manny Abarca had introduced the ordinance in July, citing the shooting at the Chiefs Super Bowl parade as the impetus for it.

Two of the alleged shooters in the parade shooting were under the age of 18. Two of the three men charged with murder in that shooting were under the age of 21.

The ordinance bans guns for people under the age of 21, specifically pistols and semiautomatic assault rifles, this is in most cases.

County Executive Frank White Jr. vetoed the ordinance last week, he called it “performative legislation” and expressed his concern about a likely legal battle. He also expressed concern about confusing or contradictory language in the ordinance itself.

“While I am steadfast in my commitment to protecting our community, I cannot legislation that is unlawful, unenforceable and exposes Jackson County to costly legal battles,” White said last Thursday. “I have never hesitated to challenge the state when it serves the public interest, as evidenced by our prior opposition to House Bill 85, but we must ensure that our actions are both necessary and legally sound.”

Seven of the nine legislators voted to override White’s veto on Monday. Bailey posted to X shortly after the vote that would “always protect Missourians’ right to keep and bear arms.”

After Attorney General Bailey’s announcement on Thursday, County Executive Frank White Jr. released a statement:

“This announcement comes as no surprise. From the start, I made it clear that this ordinance violated Missouri law. While I strongly disagree with the state’s preemption of local gun regulations—because I believe communities should have the ability to protect themselves—ignoring the law doesn’t lead to progress. It leads to predictable legal challenges and wasted resources, and unfortunately, this ordinance will do more harm to gun safety advocacy than doing nothing at all.

“When leaders laws that they know won’t hold up in court, they don’t just waste taxpayer money—they erode the trust people place in government. They create frustration and cynicism, making it harder to build the kind of consensus we need to take meaningful action. Progress on gun safety isn’t achieved through political theater or performative gestures; it’s achieved through thoughtful, lawful, and sustained efforts to bring people together around real solutions.

“Jackson County has never shied away from taking on tough fights when it’s the right thing to do—and we’ve won. Our success comes not from performative actions but from standing on the side of the law, acting strategically, and prioritizing the best interests of our residents.

“Our record of success includes:

• Challenging the Second Amendment Preservation Act: When the state ed this performative law undermining the rule of law, I partnered with St. Louis County Executive Dr. Sam Page, St. Louis City Mayor Tishaura Jones, and the United States Department of Justice to challenge it in court. That law was ultimately found unconstitutional.
• Defending Public Health Authority: During the pandemic, we ed with public health officials inside and outside of government to successfully reinstate longstanding, lifesaving laws that help keep our communities safe, despite attempts by the Missouri Attorney General to strip those protections away.
• Preserving Fair Reassessments: When the County’s reassessment processes were attacked by the Attorney General and others, we stood firm and successfully defended them against baseless claims.

“We win these fights because we fight smart. We follow the law, not work against it. That’s why I urge the Legislature to reconvene and fix this ordinance before the County is forced to waste taxpayer dollars on a losing effort. Specifically, I encourage them to undo the changes made to the County’s code and instead adopt provisions similar to those implemented by Kansas City, Missouri. Kansas City’s code was thoughtfully crafted to avoid violating the state’s preemption laws while addressing gun safety concerns. Adopting similar provisions would protect public safety while creating much-needed uniformity across Jackson County.

“The people of Jackson County deserve leadership that doesn’t just chase headlines but delivers results. That’s why I opposed this ordinance, and it’s why I will continue to focus on practical, enforceable measures that reduce gun violence and make our communities safer. I urge the Legislature and others to me in crafting policies that meet the moment, respect the law, and reflect the trust our residents have placed in us. Because the fight to protect our communities is too important to waste on shortcuts and symbolism.”

KCTV5 checked in with Jackson County legislators on both sides to see what they think of the pending suit.

Legislators Manny Abarca and Sean Smith said this comes at no surprise, but both have different reasonings.

“I was actually afraid that somebody would have to been criminally prosecuted with this law before somebody could appeal it. So the idea that Andrew Bailey is willing to preemptively seek to overturn the law I think is good,” said Jackson County Legislator Sean Smith.

For Legislator Abarca, he said this is common sense gun reform.

“The intent still was driven and focused on juveniles not possessing firearms as we see the crime rising in our communities we are seeing a lot of juveniles committing those acts with guns against each other. This is a lifesaving measure and if they want to take us to court, then let’s go,” said Jackson County Legislator Manny Abarca.

When the veto was overturned, there was concern for young hunters in the county.

“There was sportsmanship provisions added in there for both gun education and use for employment there is a lot of different provisions that we were intentional about adding to this language so it wasn’t disparaging in those ways. But the reality is the intent still was driven and focused on juveniles not possessing firearms as we see the crime rising within in our communities,” said Legislator Abarca.

Legislator Smith feels the ordinance is ‘defective on its face.’

“I think that it is a shame that we are wasting taxpayer resources. So now we have the attorney general who is paid by the taxpayers and his staff suing and I guess our county lawyers will have to defend this or may just choose not to defend it and let there be a summary judgment to toss it out,” said Legislator Smith.

He feels this is something they could take to state lawmakers to try and find a way to curb youth violence.

The lawsuit has yet to be filed as of Thursday afternoon.

Friday, Nov. 22, Jackson County Legislator Manny Abarca responded to AG Bailey’s threatened lawsuit challenging Jackson County’s juvenile gun ban saying in part, “I am glad this issue has finally gained the attention of the Missouri Attorney General [who thus far has] avoided the countless juvenile victims and perpetrators of gun violence.... There is no justifiable reason why we cannot and should not regulate juveniles from possessing firearms. I refuse to pray any longer, waiting for common sense gun reform-it’s time for action.”

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