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MO Senate SJR14

Broondog

Regular Member
Joined
Feb 26, 2009
Messages
368
Location
Ste. Gen County, MO, , USA
i'm no Constitutional scholar or ever super good at reading and/or interpreting laws so just what are they trying to say here?

the part that is getting me is the removal of the concealed carry language. this wouldn't by chance be our OC waiver, would it?

http://www.senate.mo.gov/13info/BTS_Web/Bill.aspx?SessionType=R&BillID=17272434

SJR 14 - This proposed constitutional amendment, if approved by voters, modifies provisions regarding the right to keep and bear arms. This amendment provides that a citizen has the right to keep and bear arms in defense of their family, in addition to the current rights in defense of home, person and property. The amendment removes language stating that the right to keep and bear arms did not justify the wearing of concealed weapons. Finally, the amendment provides that the rights guaranteed under this provision of the Constitution are inalienable. The State of Missouri is obligated to uphold these rights and shall under no circumstances decline to protect against their infringement.
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
i'm no Constitutional scholar or ever super good at reading and/or interpreting laws so just what are they trying to say here?

the part that is getting me is the removal of the concealed carry language. this wouldn't by chance be our OC waiver, would it?

http://www.senate.mo.gov/13info/BTS_Web/Bill.aspx?SessionType=R&BillID=17272434

Art1 Sec. 23 of the Missouri Constitution did not allow for Concealed firearms:
Right to keep and bear arms--exception.
Section 23. That the right of every citizen to keep and bear arms in defense of his home, person 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.
Source: Const. of 1875, Art. II, § 17.
(2004) Section does not prohibit the General Assembly from enacting statutes allowing or disallowing the carrying of concealed weapons; the Concealed-Carry Act is therefore constitutional. Brooks v. State, 128 S.W.3d 844 (Mo.banc).

It took an act of the legislature to make that possible. Open Carry by not being prohibited was and is legal in Missouri. Of course in 1985 it became possible (And indeed it happened) that municipal government can prohibit OC within it's municipal limits see Missouri Statute 21.750.3

3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243.

We would like a modification of this statute.... Stay tuned, something may pop up this week?
 

Broondog

Regular Member
Joined
Feb 26, 2009
Messages
368
Location
Ste. Gen County, MO, , USA
so pulling the concealed carry language is just a logical step to clean up the Constitution. gotcha.

and yes, full preemption is the name of the game. i'm in on the game albeit not as vocal about it as many folks are.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
The removal of the concealed weapon clause may compel political subdivisions to rewrite their unlawful use of weapons ordinances but it will not affect OC. It seems, at this juncture, that political capital is being expended, re gun rights, from multiple sources to overwhelm the few liberals in Jeff City.

The addition of "family" is redundant and likely included to make the proposal more difficult to oppose for liberals.
 
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