Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

The Show-Me State Shows the Way to Safeguard Fundamental Rights

Friday, August 8, 2014

Missouri’s primary election on Tuesday included a legislatively referred constitutional amendment to strengthen Missouri’s right to arms provision.  Voters approved the amendment by a 61% to 39% margin.  The amendment makes the following changes to the previous language (additions are underlined and deletions are struck-through):   

That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weaponsThe rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.  Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.

The passage of the amendment makes Missouri the second state to explicitly require strict scrutiny as the standard of review in all cases involving the right to keep and bear arms.  In 2012, Louisiana became the first state to do so when voters approved a referred constitutional amendment.  Strict scrutiny is the most stringent standard of review used by U.S. courts when a law burdens constitutionally protected conduct.  For a challenged law to survive strict scrutiny, the government must show: (1) the law is justified by a compelling governmental interest, (2) the law is narrowly tailored to achieve that interest, and (3) the law is the least restrictive means of achieving that interest. 

The importance of requiring strict scrutiny in cases that burden the right to arms is exemplified by current gun rights litigation in lower federal courts.  The United States Supreme Court’s decision in District of Columbia v. Heller did not clearly specify a standard of review for lower courts to use in Second Amendment cases.  This has led many lower courts to employ a weak “balancing” test, often referred to as “intermediate scrutiny,” when evaluating Second Amendment claims.  Under this lower standard, a number of gun control laws that burden ordinary, law-abiding citizens have been upheld by lower courts.  By requiring strict scrutiny in their constitutional provision, the people of Missouri have ensured that Missouri courts will give gun-control measures the most intensive review available and require the state to meet the highest possible threshold in justifying firearm regulation.

Also notable of the Missouri amendment is the inclusion of firearm “accessories” within the scope of the amendment.  This provides clear guidance for courts when evaluating certain gun-control measures, such as bans on standard capacity magazines.  The Missouri amendment emphasizes the intent of the people to protect all of the necessary parts of a modern, functional firearm. 

While 44 states have at least some state-specific protection for the Right to Keep and Bear Arms, six remain without recognition of this foundational principle. These include California, Iowa, Maryland, Minnesota, New Jersey, and New York.  In 2012, a bill was introduced in Iowa to create an amendment that included a requirement for strict scrutiny.  The failure of the Iowa bill to progress out of committee shows that many state lawmakers still do not understand the importance of strong protection for the right to arms, even in states with a well-established gun culture. Once again, it’s up to gun owners to educate their representatives on this important issue.

As we have warned repeatedly, the landmark Supreme Court cases recognizing the fundamental, individual rights protected by the Second Amendment currently survive by a thin, one-vote margin. This truth is not lost on gun control activists, who are already setting the stage for what they hope to be the reversal of these decisions.  Their view of the Constitution as a “living document” allows it to mean whatever they want it to mean and to change with what they consider to be the mood of the present day. Strong constitutional protections at the state level serve as a backstop against possible erosions of the federal right and ensure changes in state-level politics or demographics do not threaten inalienable liberties.

TRENDING NOW
Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

News  

Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

Manufactured panic has frequently been used to lay the policy foundation for legislative and legal efforts meant to ban legally manufactured and lawfully owned firearms.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

News  

Monday, January 12, 2026

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

Gun control advocates have gone to great lengths to rebrand themselves as mere proponents of “commonsense gun safety measures.” 

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

News  

Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.