Explore The NRA Universe Of Websites

Missouri Supreme Court Applies Strict Scrutiny to Gun Case, Upholds Ban on Felon-in-Possession

Friday, August 21, 2015

Missouri Supreme Court Applies Strict Scrutiny to Gun Case, Upholds Ban on Felon-in-Possession

On August 5, 2014, residents of the Show Me State approved Amendment 5 that strengthened Missouri’s constitutional right to keep and bear arms, with 61% voting in favor of the measure. The amendment made clear that Missouri citizens have an “unalienable” right to keep and bear arms and that any “restriction on these rights shall be subject to strict scrutiny.” It also states, however, that “[n]othing 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.”

As is typical with any pro-gun measure, and despite the provision’s clear language concerning felons and those judicially deemed mentally infirm, opponents were quick with dire predictions of the chaos the provision would supposedly unleash. “Amendment 5 is a disaster,” said a St. Louis attorney. “I mean, that was just an inexplicably bad thing that happened in the state.” A Jackson County prosecutor said the amendment could have “potentially deadly consequences” and might allow “some of the most dangerous individuals, including convicted drug dealers and gang members, to legally carry firearms.” Everytown for Gun Safety, Michael Bloomberg’s gun control umbrella group, blustered: “These amendments call all state and local public safety laws into question, threatening even the most basic laws designed to keep guns out of the hands of felons and domestic abusers.”

As is also typical of antigun rhetoric, these statements were wrong. On Tuesday, the Missouri Supreme Court issued an opinion in the case of Missouri v. Merritt upholding the state’s felon-in-possession law against a challenge brought under the state’s constitutional right to keep and bear arms. “The felon-in-possession law, which bans felons from possessing firearms, with no exceptions other than possessing an antique firearm, is sufficiently narrowly tailored to achieve the compelling interest of protecting the public from firearm-related crime,” the court wrote. “Therefore, it passes strict scrutiny.” 

Merritt was federally convicted in 1986 of felony distribution of PCP. He was then charged in January 2013 with unlawfully possessing a revolver, a shotgun, and a .22 caliber rifle as a convicted felon. He was subsequently convicted of violating a Missouri law which states, “A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and … [s]uch person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony.”

In resolving the case, the court applied the prior version of Missouri’s constitutional right to keep and bear arms, because that was the one in effect at the time of Merritt’s possession of the firearm on November 7, 2012. Nevertheless, it also found that the use of the prior amendment was not relevant to the standard of review to be applied to Merritt’s constitutional claim. This was because the Missouri Supreme Court had previously held that in light of the U.S. Supreme Court’s decision in McDonald v. Chicago characterizing the right to keep and bear arms as fundamental, cases that arose after McDonald under Missouri’s right to arms would be subject to strict scrutiny. In other words, the Missouri Supreme Court viewed Amendment 5 as “a declaration of the law as it would have been declared by this Court after McDonald mandated that the fundamental right to bear arms applied to the states.”

Turning to the merits of the case, the court cited decisions of the Louisiana Supreme Court which upheld that state’s version of a felon-in-possession law against a challenge under a similar constitutional right to arms that explicitly requires strict scrutiny. While Missouri’s statutory ban is broader than Louisiana’s, the court noted it is not without limitation. It does not, for example, apply to felony convictions that have been expunged or pardoned, it does not apply to possession of “antique” firearms, and most importantly, it does not prohibit felons from asserting the right to self-defense.

The Louisiana experience is indeed instructive. Louisiana led the way in recognizing that the right to keep and bear arms should be subject to the strongest protection afforded constitutional rights under the law. As in Missouri, gun control advocates responded by predicting havoc that never materialized. Indeed, every criminal statute that has been tested by the state’s Supreme Court under the Louisiana “strict scrutiny” amendment has passed muster.

We at the NRA believe the right to keep and bear arms should be afforded the highest degree of constitutional protection available under law. That’s why we’ll continue to support amendments to state constitutions that recognize what the U.S. Supreme Court has already made clear:  that the right to keep and bear arms is fundamental to the American scheme of ordered liberty and should be treated that way in the nation’s courts. Carefully crafted laws that focus narrowly on proven threats to public safety will not be harmed by these efforts.

That won’t stop Everytown and like-minded groups from complaining about them, but then, public safety and the rule of law have never been their priorities. Their priority is civilian disarmament for its own sake, a goal that has now become legally impossible in “strict scrutiny” states like Louisiana, Missouri, and now Alabama. Respect for the rights of peaceable, law-abiding gun owners is why voters have overwhelming embraced strict scrutiny amendments in those states and why, conversely, those amendments are hated by gun control advocates.

IN THIS ARTICLE
Missouri Legal
TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

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

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

New Jersey: Assembly Committee Schedules Gun Control Next Week

Friday, December 12, 2025

New Jersey: Assembly Committee Schedules Gun Control Next Week

On Monday, December 15, the Assembly Judiciary Committee will hold a hearing on a couple of gun control bills, promising to gift more coal to Garden State gun owners during the lame duck session. Please contact ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

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.