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« "Terrorist watch list" | Main | Clayton Cramer »

Missouri amends its guarantee of the right to arms

Posted by David Hardy · 6 August 2014 10:12 AM

Yesterday it passed by a popular vote of 61%-39%. Pretty extensive changes. The right as guaranteed extends to ammunition and accessories (no magazine bans). Any restrictions are reviewed under strict scrutiny. The State must defend these rights and may not decline to do so (which will put the Attorney General in an interesting position if any future legislature enacts a gun restriction.

Language that said the guarantee will not affect the ability of the legislature to restrict the carrying of concealed arms is replaced by language saying it will not restrict the ability of the legislature to restrict convicted felons or those found mentally infirm by a court.

· State legislation

2 Comments | Leave a comment

Sendarius | August 6, 2014 7:18 PM | Reply

Actually "...convicted VIOLENT felons..." - almost inviting a challenge to disqualification for non-violent felonies.

Harold | August 7, 2014 8:06 AM | Reply

Sendarius: it's a change to our Constitution, so such a challenge would not be obvious. Ultimately our protection is our conservative legislature, especially because:

(Our host:) Any restrictions are reviewed under strict scrutiny.

This means little to nothing, since our higher level judges are appointed through the Missouri Plan. No matter how conservative the Governor, he's handed an unpalatable set of possibilities.

In our domain, a recent example is how our appeals courts have nullified our crystal clear statutory "strong" Castle Doctrine (that you can assume an intruder in your dwelling is armed and life threateningly dangerous, and not have to get shot determining it before using lethal force, vs. what I call the "weak" Castle Doctrine, no duty to retreat from your dwelling), through required jury instructions. See any edition of Vilos' Self Defense Laws of All 50 States (highly recommended).

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