posted on Dec, 9 2014 @ 01:43 PM
JEFFERSON CITY, Mo. (AP) -- Just months after Missouri voters approved stronger constitutional gun rights, the new amendment is being put to the
test by a convicted drug dealer who is citing it as a reason why his former felony shouldn't disqualify him from carrying a gun.
So a few months ago, Missouri voters approved Constitutional Amendment 5, which essentially says that restrictions on the firearm rights "shall be
subject to strict scrutiny". Additionally, the amendment also says this shouldnt be used to give "convicted violent felons" their firearm rights back,
along with people adjudicated mentally defective.
The stating of "convicted violent felons" is essential in this case.
The Missouri Supreme Court is to hear arguments Wednesday on whether the new constitutional provision subjecting gun-control laws to strict legal
scrutiny means that Missouri can no longer bar nonviolent felons from possessing firearms.
This could be an interesting case to watch. Attorney General Chris Koster says :
"There is substantial confusion among law enforcement officers,
prosecutors, and circuit courts regarding whether (the felon firearm law) may still be enforced against non-violent-felony convicts,"Assistant
Attorney General Jennifer Rodewald wrote in a court brief. She added: "By addressing it now, this Court can spare police, prosecutors, and judges
months of uncertainty."
I haven't really found anything on which way the courts will swing in this case, so I have no idea how this will go. I am glad that the AG pushing the
courts to finally settle this to, instead of just sitting back and not saying anything.
As for my opinions - Well, I do consider myself pretty libertarian, so this shouldnt be much of a surprise. I know this has been echoed around here
plenty, but "After you have served your sentence, you have paid your debt to society." (generally) However, that's only for non-violent crimes in my
opinion, and also as long as the individual isnt a habitual offender. Violent crimes are a completely different story. Since the case in the article
is a non-violent crime, Im hoping the court rules in favor of Merritt.
edit on 9-12-2014 by buni11687 because: (no reason given)