Missouri Strengthens RKBA in State Constitituion

[ELB]

Missouri had a referendum on a legislatively-sponsored amendment to the Missouri state constitution. It overwhelmingly passed the popular vote with nearly 61% voting to approve it.

The amendment language: (NOTE - The part in BOLD RED was DELETED from the constitution; our forum editor software does not allow "strike-through" text, at least I can't find it. The parts in BOLD BLUE were added.

Section 23. 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 weapons. The 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.

Ballotpedia report here: http://ballotpedia.org/Missouri_Right_t ... st_2014%29" onclick="window.open(this.href);return false;

Dave Hardy's take on it here: http://armsandthelaw.com/archives/2014/ ... amends.php" onclick="window.open(this.href);return false;

[mojo84]

I like it. Especially the part saying, "shall not be questioned".

This part is strong also.

The 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.

[Vol Texan]

This sounds like "Constitutional Carry" has passed in Missouri - if I read it correctly (I welcome any corrections if I've read it wrong).

When it says, "That the right of every citizen to keep and bear...", I wonder if it means any US citizen or any citizen of Missouri.

Interestingly enough, it does not include permanent residents (green card holders) who may be well under the way to legal citizenship, but have not yet crossed that milestone.

[The Annoyed Man]

Me Likee

[jamminbutter]

All it takes is one activist federal judge to declare it against some made up portion of the USC.

[C-dub]

That sounds great for Missourians. Are there so many liberals here in Texas that we could not get something like this passed?

[mojo84]

This is just an opinion based on speculation on my part. I'm starting to think there just isn't enough benefit to the individual legislators for them to give rkba issues enough attention and support to make big strides at any one time. The return to the legislators doesn't justify the political capital that it would take. Therefore, we have to push for baby steps like we have been.

[ryanj]

It does indeed sound like constitutional carry, but they've also nixed any potential future ammo and magazine bans.

Also pay attention to the part about "violent felons." Almost sounds like they're challenging ineligibility for non-violent felonies

[MeMelYup]

It does make invalid the likes of California law and elsewhere, about confiscating gun owned by a person under restraining order.

[Keith B]

Actually, Missouri has always been an open carry state. They have concealed and open car carry for unlicensed as well. Concealed carry will still require a license. The only thing I am not sure about is how this impacts open carry for cities that had it banned. I am thinking it now invalidates their city ordinances and you will be able to open carry on any public property in any city.

[SigM4]

Actually, Missouri has always been an open carry state. They have concealed and open car carry for unlicensed as well. Concealed carry will still require a license. The only thing I am not sure about is how this impacts open carry for cities that had it banned. I am thinking it now invalidates their city ordinances and you will be able to open carry on any public property in any city.

The minute this is proven true I'll be sure to post a picture of my first ever (in Missouri, I did OC once while we lived in WY) OC Wally Walk. No real reason to ever OC, but I've gotta do it just because.

[Keith B]

Actually, Missouri has always been an open carry state. They have concealed and open car carry for unlicensed as well. Concealed carry will still require a license. The only thing I am not sure about is how this impacts open carry for cities that had it banned. I am thinking it now invalidates their city ordinances and you will be able to open carry on any public property in any city.

The minute this is proven true I'll be sure to post a picture of my first ever (in Missouri, I did OC once while we lived in WY) OC Wally Walk. No real reason to ever OC, but I've gotta do it just because.

Springfield is legal to OC. However, not sure how well it is received in the stores. Bass Pro is probably fine. Battlefield Mall is NOT OC friendly.

[RottenApple]

Actually, Missouri has always been an open carry state. They have concealed and open car carry for unlicensed as well. Concealed carry will still require a license. The only thing I am not sure about is how this impacts open carry for cities that had it banned. I am thinking it now invalidates their city ordinances and you will be able to open carry on any public property in any city.

The minute this is proven true I'll be sure to post a picture of my first ever (in Missouri, I did OC once while we lived in WY) OC Wally Walk. No real reason to ever OC, but I've gotta do it just because.

I have OC'd in a Spingfield Walmart with no problems. Even had a nice discussion with an off duty cop (who also OC'd) while in line.

[OldCurlyWolf]

Actually, Missouri has always been an open carry state. They have concealed and open car carry for unlicensed as well. Concealed carry will still require a license. The only thing I am not sure about is how this impacts open carry for cities that had it banned. I am thinking it now invalidates their city ordinances and you will be able to open carry on any public property in any city.

The minute this is proven true I'll be sure to post a picture of my first ever (in Missouri, I did OC once while we lived in WY) OC Wally Walk. No real reason to ever OC, but I've gotta do it just because.

Recently KC, MO had their Council Vote 9-0 to make OC Illegal in KC. Just a few days before this Constitutional amendment passed.

[SigM4]

Springfield is legal to OC. However, not sure how well it is received in the stores. Bass Pro is probably fine. Battlefield Mall is NOT OC friendly.

That's good to know. We live down in Nixa and I know both Nixa and Ozark have prohibitions against it, however Christian County does not. Honestly MO is kind of a minefield as far as OC is concerned so I've never bothered to look up the statutes for all the different municipalities. Not really a big OC advocate (though I do believe it should legal to anyone who wants to partake) so I tend to focus on CC regulations.