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
Defending the Indefensible: Court Strikes Illinois FOID Card Law

News  

Tuesday, February 18, 2025

Defending the Indefensible: Court Strikes Illinois FOID Card Law

Lawmakers in Illinois have a long track record of irrational gun bans and restrictions based on the idea that public safety is best served by disarming criminals and law-abiding citizens alike, even if that means ...

Anti-Gun “Researchers” Face Harsh Reality

News  

Tuesday, February 18, 2025

Anti-Gun “Researchers” Face Harsh Reality

The reelection of President Trump is already paying great dividends for the Second Amendment, even at this early stage.  Beyond the obvious jettisoning of the most anti-gun administration to ever occupy the White House, we saw ...

Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

News  

Tuesday, February 18, 2025

Eighth Circuit Narrows Blanket Firearm Prohibition for “Unlawful User[s]” of Drugs

The U.S. Supreme Court’s landmark ruling in the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022) continues to play a critical role in cases related to Second Amendment rights.

Colorado: Semi-Auto Ban Mutates into Permit-to-Purchase Scheme After Midnight

Friday, February 14, 2025

Colorado: Semi-Auto Ban Mutates into Permit-to-Purchase Scheme After Midnight

Senate Bill 25-003 was amended well past midnight to not only be a near all-encompassing semi-automatic ban, but now includes a permit-to-purchase scheme reminiscent of Illinois' FOID cards.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

Friday, February 14, 2025

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

It has been a busy week in Richmond, and not for the right reasons. The House has passed a slew of anti-gun legislation, and these bills will now be transmitted to Governor Youngkin's office

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

NRA Files Lawsuit Challenging Massachusetts’s Ban on the Possession and Carry of Handguns and Semiautomatic Firearms by Adults Under 21

News  

Second Amendment  

Friday, February 14, 2025

NRA Files Lawsuit Challenging Massachusetts’s Ban on the Possession and Carry of Handguns and Semiautomatic Firearms by Adults Under 21

Today, the National Rifle Association, along with the Gun Owners’ Action League, Commonwealth Second Amendment, Firearms Policy Coalition, Second Amendment Foundation, Gun Owners of America, and an individual, Mack Escher, filed a lawsuit challenging Massachusetts’s ...

Legislation Introduced to Block Credit Card Gun Registry

News  

Wednesday, February 12, 2025

Legislation Introduced to Block Credit Card Gun Registry

U.S. Representatives Riley Moore (R-WV-02), Richard Hudson (R-NC-09), and Andy Barr (R-KY-06) have introduced H.R. 1181, the Protecting Privacy in Purchases Act. This crucial legislation would prohibit credit card companies from tracking constitutionally protected purchases ...

Washington: Anti-Gun Radicals Spend Taxpayer Funds for Elaborate Gala

Friday, February 14, 2025

Washington: Anti-Gun Radicals Spend Taxpayer Funds for Elaborate Gala

Washington state anti-gun zealots continue to demonstrate their disdain for the right to keep and bear arms with their recent release of an unbelievable proposal this week.

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.