Fate of Amendment 5 (gun rights) in hands of MO Supreme Court
Let's make sure the court knows we take the vote of the People seriously. Mark your calendar and plan to attend the oral arguments before the Missouri Supreme Court in Jefferson City on February 25th.
MOSC
Last August an overwhelming majority of voters ratified Amendment 5, a significant strengthening to the Missouri Constitution's declaration of our right to keep and bear arms.
Now, a lawsuit brought by St. Louis City's anti-gun Chief of Police, Sam Dotson, could result in the Missouri Supreme Court nullifying the vote of the People. Dotson has challenged the Summary Statement -- the 50 word explanation that appeared on the ballot.
Dotson claims that the wording was misleading, so the voters didn't know what they were voting for. He wants the court to throw out the election results. The General Assembly proposed the amendment and supplied the Summary Statement. The law limits them to 50 words, so it's typically not possible to cover every detail about an amendment. That 50 word or less Summary Statement was subject to legislative debate by both supporters and opponents of the amendment, and to my knowledge no one had issue with it at the time.
This effort by Chief Dotson is his last opportunity to kill Amendment 5 altogether, and we need to make sure the Court knows the People won't take obliterating their vote lightly!
Please help to fill the Courtroom next Wednesday, February 25th! See the sidebar for details.
The Amendment (SJR 36)
(Note: Deleted language is in brackets, [thus], and new language is in bold.)
Article I 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 adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.
The Summary Statement
(Appeared on the Ballot)
"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?"
Fair Ballot Language
(Also provided to the voters)
: A "yes" vote will amend the Missouri Constitution to expand the right to keep and bear arms to include ammunition and related accessories for such arms. This amendment also removes the language that states the right to keep and bear arms does not justify the wearing of concealed weapons. This amendment does not prevent the legislature from limiting the rights of certain felons and certain individuals adjudicated as having a mental disorder.
A "no" vote will not amend the Missouri Constitution regarding arms, ammunition, and accessories for such arms. If passed, this measure will have no impact on taxes.
