Explore The NRA Universe Of Websites

“Strict Scrutiny” Amendments: Iron Plating for the Right to Keep and Bear Arms

Friday, January 26, 2018

“Strict Scrutiny” Amendments: Iron Plating for the Right to Keep and Bear Arms

The Iowa legislature is considering House Joint Resolution 13 to add a right to keep and bear arms to the state’s constitution. Should the introduced language eventually be adopted, the Hawkeye State would become the fourth – behind Louisiana, Missouri, and Alabama – to explicitly designate strict scrutiny as the required judicial standard for adjudicating restrictions on the right to keep and bear arms. This change would rocket Iowa from one of the few states without any constitutional right to arms into an elite group that provides the strongest possible protection for the most fundamental of civil rights. 

Unlike the federal Bill of Rights, state constitutional provisions rarely grab headlines. Yet they are a very important backstop for civil rights and greatly contribute to the American tradition of individual liberty. 

In America’s constitutional system, states cannot infringe on “fundamental” rights protected by the U.S. Constitution.  Many of these rights are spelled out in the Bill of Rights itself, but others – like the right to interstate travel – have been recognized by courts as emanating from other, more explicit guarantees or constitutional principles.

But while the U.S. Constitution sets a “floor” on certain individual liberties, states can exceed that floor with additional protections of their own that apply within their borders to the official acts of state functionaries. States can also create constitutional protections – like the right to hunt and fish – that are not expressly mentioned in the Bill of Rights. 

These principles are especially important as applied to the right to keep and bear arms. 

The U.S. Supreme Court, of course, has recognized that the Second Amendment protects an individual right to arms. But anti-gun lower courts – many of which for years denied the existence of any such individual right at all – have largely ignored the Supreme Court’s Second Amendment rulings and have continued to interpret the provision into near irrelevance. Federal rulings on the Second Amendment are replete with references to “intermediate scrutiny,” a toothless standard that allows antigun officials broad leeway to infringe the rights of law-abiding Americans, including with bans on popular firearms and virtual bans on public carry.

Meanwhile, anti-gun activists and academics have not given up hope of returning to the days when the constitutional right to keep and bear arms did not have to be paid any lip service at all. Calls for the repeal of the Second Amendment remain common after high-profile crimes committed with firearms, and academics are busily re-writing history to bolster what they hope will be future rulings overturning the Supreme Court’s 21st Century jurisprudence on the Second Amendment.

Should that happen, state constitutional provisions could still provide a measure of protection to activity within the state’s borders.  

Some mistakenly believe that including strict scrutiny within a state right to arms somehow invites regulation of the right and that constitutional phrases like “shall not be infringed” preclude any sort of restrictions whatsoever.

Needless to say, history and experience prove otherwise. Legislatures have passed restrictive laws against the backdrop of every sort of constitutional phraseology ever devised, usually while claiming perfect allegiance to the Constitution. 

What strict scrutiny does is ensure that when the matter goes before a court on a constitutional challenge, the state is held to the highest standards of justification for its actions.  And even if the state can substantiate a compelling reason for its law, it still has to structure the law in the most narrowly-tailored way possible to achieve that objective.

The result is that shoddy exercises in political grandstanding – which defines most of the gun control agenda – will not pass muster.

On the other hand, legitimate public safety measures – such as laws banning firearm possession by violent felons or those serving a criminal sentence – will still be permissible, as has been shown time and again in the states that have adopted “strict scrutiny” standards.

The NRA strongly endorses the adoption of strict scrutiny for state constitutional rights to arms. As NRA-ILA Executive Director Chris Cox has said, these measures “build an iron wall” around your freedoms and protect them from antigun officials and activist judges.

TRENDING NOW
“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

Scary Stories from the Crypt Keepers at Big Gun Control

News  

Monday, October 19, 2026

Scary Stories from the Crypt Keepers at Big Gun Control

‘Tis the Halloween season of fear and disguise, and, in step with the holiday, the gun control ghouls are embracing a familiar tradition of their own. When facts aren’t quite frightening enough, firearm prohibitionists often ...

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

News  

Wednesday, October 14, 2026

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

Not every important Second Amendment or hunting policy fight begins with a bill number.

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

News  

Monday, October 19, 2026

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

Our regular readers understand what should be axiomatic for all:  Violent criminals cannot prey on law-abiding citizens if they are behind bars.  Unfortunately, we are hearing more and more regularly that many in our criminal ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Polls Show Electorate’s Interest in Gun Control Waning

News  

Monday, October 19, 2026

Polls Show Electorate’s Interest in Gun Control Waning

In late July, the White House announced that through the first half of 2026, homicides were “on pace for the lowest level in at least 126 years.” In mid-August, the FBI released data showing that ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

NRA Files (Another) Lawsuit Challenging New Mexico’s 7-Day Waiting Period Law

Monday, October 19, 2026

NRA Files (Another) Lawsuit Challenging New Mexico’s 7-Day Waiting Period Law

Today, the National Rifle Association—along with the National Shooting Sports Foundation, Second Amendment Foundation, New Mexico Firearms Industry Association, New Mexico Shooting Sports Association, Calibers Shooting Sports Center, Omni Tactical USA, Right to Bear Arms, ...

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.