Posted on 08/07/2014 9:27:36 PM PDT by Jack Hydrazine
Missouri’s Constitutional Amendment 5 passed yesterday with 62% of the vote and 3712 of 3898 precincts reported. It’s a clear statement of support for the right to keep and bear arms, clarifying that it’s a fundamental right; that it protects ammunition and accessories as well as firearms, and that the state is obligated to protect that right. The amendment could lead to the Show Me State becoming a constitutional carry (no permit or license required to keep or bear arms) state like Vermont and Arizona . . .
First, here’s the ballot question and the actual amendment:
Official Ballot Measure Wording:
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?
State and local governmental entities should have no direct costs or savings from this proposal. However, the proposal’s passage will likely lead to increased litigation and criminal justice related costs. The total potential costs are unknown, but could be significant.
Fair Ballot Language:
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”; [sic] 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.
Here is the actual constitutional amendment:
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.
There will be some interesting after-action analysis regarding turnout and where the votes came from. As the amendment clearly includes the right to carry concealed weapons, there may be challenges to the state’s law forbidding the concealed carry of weapons without a concealed carry permit. Kansas passed a similar, but less complicated measure in 2010 as did Louisiana in 2012. Oklahoma has a similar measure on the ballot for this November.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
States that have instituted Constitutional Carry.
Alaska
On June 11, 2003, Alaska Governor Frank Murkowski signed House Bill 102 which removed the requirement to obtain a concealed weapons permit in order to carry a concealed firearm. The law went into effect September 9, 2003.
Arizona
On April 16, 2010, Arizona Governor Jan Brewer signed Senate Bill 1108 which acted similarly to Alaska’s bill.[1] The law went into effect July 29, 2010.
Arkansas
On April 4, 2013 Arkansas Governor Mike Beebe signed legislation to allow Constitutional Carry.[2][3] The law decriminalizes the carry of handguns for self-defense purposes, and puts the burden upon a prosecutor to prove criminal intent of a person carrying a handgun. Also, there are no specifications whether a legally carried handgun should be carried openly or concealed; thus it is considered Constitutional Carry. This law will went into effect in August 2013. Attorney General Dustin McDaniel has issued an opinion on Act 746 of 2013 stating that the newly defined “journey” term does not, authorize constitutional carry in Arkansas, but admits that the change in the mens rea of the offense for “carrying a weapon” is up for debate, but is outside of the scope of the question presented for this particular opinion. The previous law made carrying a weapon with the purpose to use it against another person a crime. The new law changed the mens rea to carrying a weapon with the purpose to attempt to unlawfully use the weapon against another person. See Opinion No. 2013-047, footnote 7 dated July 8, 2013 or visit his Web site at http://arkansasag.gov/opinions/index.php.
Vermont
For many decades, the only state to allow “Constitutional Carry” of a handgun (i.e. without any government permit) was Vermont. From the formation of the 13 original states, “constitutional carry” was the law in all states until the 1800s. By the 20th century, all states except Vermont had enacted concealed carry bans, with the exemption in most states for those citizens with a permit. Due to its tightly worded state constitution,[citation needed] Vermont has never been able to have a restriction on the method of how one could carry a firearm, and thus, in this regard, Vermont stood entirely separate from the rest of the United States for quite some time. Because of this, Constitutional Carry is still often referred to as “Vermont carry”.
Wyoming (for residents)
On March 2, 2011 Wyoming Governor Matt Mead signed legislation to allow Constitutional Carry.[4][5] 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.[citation need
Oklahoma (residents of constitutional carry states)
In the state of Oklahoma, any person who is a legal resident of a state that allows concealed carry without a permit may also carry concealed in Oklahoma without a permit, so long as they possess a photo ID showing they are a legal resident of that other state and also meet the legal requirements for permitless carry in that other state.[6]
http://en.wikipedia.org/wiki/Constitutional_Carry
Time for Texas to get on the ball!
There’s no excuse for us to be so far behind.
Here’s to hoping we will at least follow the Oklahoma model in the next legislative session.
Am I missing something?
Operational word is, “could” lead to Constitutional Carry. Just give it time. Be patient.
Texas doesn't have Constitutional carry because too many "republican" legislooters are really just democrats who know they couldn't be elected dog catcher if they let it be known they are really socialists.
Yea, that plus the fact that our House Speaker won’t bring pro gun bills up for a vote.
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