Modifies provisions relating to the right to bear arms
This amendment is significant as it could fundamentally change the state's approach to firearm regulations by reinforcing individual rights alongside enabling local governments to impose certain regulations. Specifically, it maintains that citizens have the right to bear arms for personal defense and clarifies that under no circumstances can the state infringe upon this right. It also introduces a system whereby counties and city governments, such as St. Louis and Kansas City, may regulate firearms through local ordinances, subject to outlined limitations, thereby creating a dual-layered regulatory framework.
SJR36 proposes to repeal Section 23 of Article I of the Constitution of Missouri, which currently defines the rights related to the possession and bearing of arms. The new amendment outlines that the right to keep and bear arms shall not be questioned and emphasizes that any restrictions on this right will be subject to strict scrutiny. The resolution seeks to align Missouri's firearm regulations more closely with federal law and U.S. Supreme Court decisions, while also allowing local jurisdictions to enact regulations concerning firearm possession and transfer, provided they comply with certain stipulations.
Notably, some points of contention arise from the potential implications of allowing local governments to regulate firearms. Supporters argue that this will enhance public safety by enabling local authorities to address specific community concerns, while opponents fear that such regulations could lead to a patchwork of inconsistent laws across the state. The ability for counties to impose fees for permits and create varying regulations could also be contentious, particularly among those advocating for a more uniform approach to gun rights across Missouri. This debate underscores the ongoing discussion surrounding the balance between individual rights and public safety.