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
Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

News  

Friday, May 26, 2017

Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

On Wednesday, May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the "Lawful Purpose and Self Defense Act." This bill would remove ATF's authority to use the ...

Concealed Carrying Hits New High, Underscores Need for National Law

News  

Friday, May 26, 2017

Concealed Carrying Hits New High, Underscores Need for National Law

Information collected by the Crime Prevention Research Center (CPRC) indicates an unprecedented surge in the number of concealed carry permits, with the largest one-year increase on record occurring between May 2016 and May 2017.

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

News  

Second Amendment  

Friday, May 26, 2017

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

This week, Rep. Blaine Luetkemeyer (R-MO) reintroduced the Financial Institution Customer Protection Act, a bill aimed at permanently dismantling Operation Choke Point (OCP).  

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

New Zealand Police Mislead Current and Prospective Gun Owners

News  

Thursday, May 25, 2017

New Zealand Police Mislead Current and Prospective Gun Owners

Back in April, NRA-ILA alerted readers to the results of the New Zealand Parliament Law and Order Committee’s “Inquiry into issues relating to the illegal possession of firearms in New Zealand,” which proposed that a ...

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

News  

Friday, May 26, 2017

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

It is one of the most well-worn tactics of those who advocate for gun control. Step one, acquire statistics on firearms injuries among children ages 0-14. Step two, combine these relatively low numbers with the ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

South Carolina: Governor McMaster Signs Pro-Gun Bill

Monday, May 22, 2017

South Carolina: Governor McMaster Signs Pro-Gun Bill

Last Friday, May 19, Governor Henry McMaster (R) signed H. 3429 into law.  This bill went into effect upon the Governor’s approval.

MORE TRENDING +
LESS TRENDING -
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.