“The Missouri Supreme Court has upheld a constitutional amendment that broadened gun rights in the state,” stlpublicradio.org reports. “Voters approved Amendment 5 in August 2014 with 61 percent of the vote. It made the right to own firearms, ammunition and other accessories in the state ‘unalienable,’ and said any form of gun control should be subjected to “strict scrutiny.” The amendment also allowed the open carrying of guns. In fact, it paves the way for Constitutional Carry in The Show Me State. Surprisingly (for some), more than a few Missouri Dems supported the Amendment, and hailed the Court’s decision. Missouri Attorney General Chris Koster, a Democrat running for governor in 2016, is on board . . .
“The court’s decision recognizes the common-sense belief of Missourians that strong support of the Second Amendment and strong support of law enforcement need not be in conflict in our state. I am grateful for the Court’s wisdom in this matter . . . We remain very hopeful that we will retain our abilities to hold gun offenders accountable to ensure the safety of all citizens in the City of St. Louis.”
Missouri Senate President Pro Tem Tom Dempsey also lauded the court’s action. Guess who filed the suit that delayed Missouri’s acknowledgement of its citizens’ natural, civil and Constitutional protected right to keep and bear arms?
St. Louis Metropolitan Police chief Sam Dotson and Rebecca Morgan, a St. Louis-based volunteer with the gun control advocacy group Moms Demand Action, filed suit before the 2014 election alleging that the language the voters would see on the ballot was unfair because it did not accurately reflect the major changes the amendment would make to state law.
The wording in question?
Shall the Missouri Constitution be amended to include a declaration that the right to keep and bear arms is a unalienable right and that the state government is obligated to uphold that right?
This Court’s ruling was not a surprise. The lawsuit was a desperate attempt to thwart the will of the electorate. The amendment could result in Missouri becoming a “constitutional carry” state, joining Alaska, Arizona, Kansas, Arkansas, Wyoming, Vermont, and very likely Maine, where a bill is awaiting Governor Le Page’s signature to become law. Missouri’s move also helps Texans looking to turn licensed open carry into Constitutional Carry in 2017.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch
I am loving my new, adopted home of MO. SOOOOO much better living than New England. GO MO!
I’ll be a MO resident in short order myself. The coming move just got another positive.
I lived in Missouri for 10 years; great, freedom-loving people.
But can you do me a solid, and elect somebody to replace Claire?
We’re trying. Somehow, a certified retard made it through the primaries without putting a foot wrong, only to step up to the mic and puke forth one idiocy after another after he couldn’t be replaced.
It’s almost as if Claire herself hand picked the man to run against her . . .
Todd Akin was my Rep when I lived in Chesterfield. He’s a good man, and a solid conservative. He said something stupid and scientifically unsound, but the party used it as an excuse to hang him out to dry – merely because he managed to beat the Establishment candidate in the primary.
I still can’t figure out how Missouri voted for Claire over Jim Talent. I guess too many people were hoodwinked by her down-home “MissourAH” shuck-and-jive.
+++1
Yes, Akin is a good man. His principles were sound, but he got some bad info from a guy he thought he could trust. Naturally, Akin is still at fault for what he said.
It was McCaskill that should have been made to explain her own very backward and barbaric views on the matter of abortion. Those are willful choices, rather than honest ignorance, or inartful language.
I doubt many politicians have a STEM background. I just wished more of them would recognize that, and refrain from regulating things they know nothing about.
And Akin’s comment has nothing on Hank “Tippy Guam” Johnson.
Chip – there was an actually study, one single scientific study, that confirmed what Akin said. He sat on the science/tech subcommittee so it is possible he was quoting the study, but it was silly to say, esp with that moron Jake the reporter. He was a good honest man. And that was his downfall as a politician. Thankfully,wagner is pro gun and does go shooting on occasion and her husband does too.
Is Ann Wagner going to challenge Claire-bear? Good choice, if so.
“I doubt many politicians have a STEM background. I just wished more of them would recognize that, and refrain from regulating things they know nothing about.”
That’s another little irony to Akingate. Between McCaskill and Akin, he was the one least inclined to involve government in women’s health care.
Part of the issue with Claire was that she put a lot of money and effort in getting Akin to win the primary. She considered him to be the candidate she had the best chance of beating. Either Brunner or Steeleman would have defeated her handily. He only hope was to be able to pick her opponent.
Akin is a good man, but has a history of “foot in mouth” disease. He played true to form. Even without that comment, though, he was looking to have a hard time.
Get in touch when you get here! That goes for all MO folk
[email protected]
David
I live in St. Louis, its honestly a great place aside from when the Ferguson stuff was blown up on major media, the protests got violent yes, but we’re pretty much contained in a small part of the city. That event aside, its a great state, people are more open minded, and brutally honest with you. (lived in Cali for awhile and its almost the exact opposite..nobody liked my guns…and i “had” to buy 5 round mags for my mini….thank god I’m back here lol
Unalienable? Inalienable? Buttalianable? Inbuttable? Wait, no, the Supreme Court just manufactured that Right while pissing all over the one that actually exists…
maybe MO will be the seventh state? Constitional Carry finally cleared the legislature yesterday here in Maine, and now sits on Governor Paul LePage’s desk for signature…
Sorry, Missouri and Maine. Kansas residents have constitutional carry as of today, July 1, 2015. Kansas is listed in the article, looks like “6th” was just a miscount and the headline ought to be for “7th” — Fight it out for 7th & 8th place!
Right you are! Headline amended.
This piece unfortunately repeats the common, but mistaken, understanding that “the amendment also allowed the open carrying of guns.” I hope this can be corrected. I wouldn’t want anyone to get into legal trouble, due to misunderstanding our laws.
While Amendment 5 strengthened the RKBA in our state, it does not deal specifically with open carry. In fact, Missouri has not had a state law against open carry, but several municipalities have laws against it. So while open carry is viable in many parts of the state, it can be very dangerous in others. In St. Louis County, for example, it’s extremely easy to pass through several different municipalities without even knowing you’ve changed jurisdictions. This happens to me every time I drive anywhere around here. Naturally, it’s very difficult to keep up with the gun laws of every little burg, which could change at any time.
The confusion about Amendment 5 comes in because a law was passed last year, separately from Amendment 5, that exempts CCW permit-holders from such municipal open-carry laws. Open carry, while previously legal, is now much more viable than before, at least if one has a permit. On another positive note, Missouri recognizes any and all carry permits.
On the local Maine talk radio station this am (WVOM), Eric Brakey (bill sponsor) said the gov may sign our bill on the 4th!… Pretty appropriate, id say.. stay tuned!
Wyoming is not constitutional carry. Please stop listing it as such.
Unless it’s constitutional to require out of staters to use a permit to conceal while letting your own people do so without one. Sounds like an “equal protection” issue on top of the 2A issue.
I share your opinion.
So do I. One set of criminal laws for in-staters and one for out-of-staters? That just screams “Equal Protection challenge”.
I told you people on another thread that there’s a bunch of busybody broads in this state.
I wasn’t kidding. The non-resident restriction, as well as restrictions against CCW where booze is the majority of an establishment’s revenue are two indications of how pernicious these women are.
I believe the main post overstates the impact of the court’s decision. There are multiple opinions in the case. The plurality opinion, although it is somewhat equivocal, includes the following:
“By declaring the right to bear arms ‘unalienable’ and imposing strict scrutiny, SJR 36 could be understood to be nothing more than 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.”
Thus, what does that Missouri state constitutional amendment really mean? Does that mean people can carry openly or concealed anywhere without any state license/permit? Does it only apply to Missouri residents? How about non-residents?
Good question. The law does not limit the right to MO residents only. I suspect it will be applied to all, but you won’t know for sure until it’s tested in court. I’ve not been willing to OC there and be the test case.
Even more interesting though is that at the same time this amendment passed, a law was passed granting anyone with a CCL the right to open carry as well superseding local prohibitions. So where does this law stand in relation to the amendment? I’m waiting to see how that comes out, as well. Actually, I have a good idea how it will work out, but it’s annoying that the grabbers will still try to use it as a delaying move.
I enjoyed my year in eastern Kansas and Western Missouri. I wasn’t sure I was going to like it and ended up loving it.
Wyoming (for residents)
On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow constitutional carry.[16][17] The law officially went into effect on July 1, 2011. Under the law residents can carry concealed or openly without a permit but visitors to the state must either have a valid concealed carry permit from a jurisdiction that is recognized by the State of Wyoming or carry the weapon openly.
While Wyoming does have the resident limitation it is similar to Vermont in that the police may not disarm a citizen just because they “feel” it’s necessary.[18]
So AFTER Maine it can be number seven in Missouri.
Ore 8 ?! 😀
http://onlygunsandmoney.blogspot.de/2015/06/puerto-rico-goes-constitutional-carry.html
More as May Issue thats the near future nice
best regard
“While Wyoming does have the resident limitation it is similar to Vermont in that the police may not disarm a citizen just because they ‘feel’ it’s necessary.”
Missouri’s recent open carry bill (not Amendment 5) is similar. They can’t stop you just to check for a permit, etc.
See this .gif animation below:
https://en.wikipedia.org/wiki/Concealed_carry_in_the_United_States#/media/File:Rtc.gif
I’m sure many have seen it. Lets make that map as green as possible! I want to see states touching each other that are unrestricted! Its looking like New Hampshire and Maine up in New England might have a shot at constitutional carry and South Carolina and West Virginia might have another shot. I’d love to see my home state of Wisconsin go constitutional carry as was the original plan (Walker wouldn’t sign without a permit scheme and training) and I’d be downright giddy with joy if my current residence of NY State was forced into shall issue (and in reasonable time too) via court order. Until then I wait for the county to unfuck its self and issue my pistol permit so I can buy a handgun….*sigh*
Side note: Wyoming is for residents only, I believe AR is like that as well but allows non-residents of states with constitutional carry to carry. Are any of these newer constitutional carry provisions limited to residents only? Doesn’t seam constitutional if its only for residents.
I just dont understand how the united states constitution plainly states no laws shall be enacted to infringe the peoples right to bear arms… This brings us back to the old days… Missouri was the last slave state…. and worships a greek goddess of fertility. .. look at the religious symbol atop the capital building… wasnt there a separation of church and state? im an american… god and manifest destiny dictated I would be american… and ill stand up for my unalienable rights… cause I guess the day they try to take em is the day God calls me home… better to die standing up for my rights then living my life on my knees worshipping a pagen diety..
Open carry , where does it mention what types of guns may be openly carried.can I openly walk around with a shotgun or long rifle , or does it have to be an handgun
How can this even come before the court? Americans need to wake up and impeach the justices for even hearing it. If the constitution is amended, that means it was changed. A court is not capable of ruling whether or not it changed. They can rule if a new law abides by the constitution. They cannot say the constitution is unconstitutional. Good for us, the voters. Good for us, the people.