- May 13, 2012
- Reaction score
According to federal law, ANY felony, even mickey mouse ones for tax evasion or pot use means you can NEVER have a gun!! Most people think it's not fair to lose a constitutional right for such minor crimes.
St. Louis judge tosses out gun case citing newly-enacted Amendment 5 News
feb 28 2015
ST. LOUIS • A judge here dismissed a firearm possession charge Friday, ruling that a convicted felon was within his rights to be armed under a Missouri Constitutional amendment passed last year.
The sponsor of the measure said the decision was a subversion of the intent of Amendment 5, which garnered 60 percent of the vote in the August election.
St. Louis Circuit Judge Robert Dierker ruled that the Missouri law prohibiting felons from possessing guns is unconstitutional as applied in the case of Raymond Robinson, in part because it fails to differentiate between violent and non-violent felons.
The amendment declares the right to keep and bear arms “unalienable” and subjects laws restricting gun rights to “strict scrutiny.”
Dierker limited his decision to the circumstances of Robinson’s situation; it is not binding on other cases. It also has no effect on a federal law prohibiting felons from possession guns.