The Show-Me State Shows the Way to Safeguard Fundamental Rights
Posted on August 8, 2014
The passage of the amendment makes Missouri the second state to explicitly require strict scrutiny as the standard of review in all cases involving the right to keep and bear arms. In 2012, Louisiana became the first state to do so when voters
approved a referred constitutional
amendment. Strict scrutiny is the most stringent standard of review used by U.S. courts when a law burdens constitutionally protected conduct. For a challenged law to survive strict scrutiny, the government must show: (1) the law is justified by a compelling governmental interest, (2) the law is narrowly tailored to achieve that interest, and (3) the law is the least restrictive means of achieving that interest.
The importance of requiring strict scrutiny in cases that burden the right to arms is exemplified by current gun rights litigation in lower federal courts. The United States Supreme Court’s decision in
District of Columbia v. Heller did not clearly specify a standard of review for lower courts to use in Second Amendment cases. This has led many lower courts to employ a weak “balancing” test, often referred to as “intermediate scrutiny,” when evaluating Second Amendment claims. Under this lower standard, a number of gun control laws that burden ordinary, law-abiding citizens have been upheld by lower courts. By requiring strict scrutiny in their constitutional provision, the people of Missouri have ensured that Missouri courts will give gun-control measures the most intensive review available and require the state to meet the highest possible threshold in justifying firearm regulation.
Also notable of the Missouri amendment is the inclusion of firearm “accessories” within the scope of the amendment. This provides clear guidance for courts when evaluating certain gun-control measures, such as bans on standard capacity magazines. The Missouri amendment emphasizes the intent of the people to protect all of the necessary parts of a modern, functional firearm.
NRA-ILA | The Show Me State Shows the Way to Safeguard Fundamental Rights
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