| 1 | 1 | | |
|---|
| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
|---|
| 3 | 3 | | and is intended to be omitted in the law. |
|---|
| 4 | 4 | | FIRST REGULAR SESSION |
|---|
| 5 | 5 | | SENATE JOINT RESOLUTION NO. 36 |
|---|
| 6 | 6 | | 103RD GENERAL ASSEMBLY |
|---|
| 7 | 7 | | INTRODUCED BY SENATOR NURRENBERN. |
|---|
| 8 | 8 | | 1196S.01I KRISTINA MARTIN, Secretary |
|---|
| 9 | 9 | | JOINT RESOLUTION |
|---|
| 10 | 10 | | Submitting to the qualified voters of Missouri, an amendment repealing section 23 of article I of |
|---|
| 11 | 11 | | the Constitution of Missouri, and adopting one new section in lieu thereof relating to |
|---|
| 12 | 12 | | firearms. |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
|---|
| 15 | 15 | | That at the next general election to be held in the 1 |
|---|
| 16 | 16 | | state of Missouri, on Tuesday next following the first Monday 2 |
|---|
| 17 | 17 | | in November, 2026, or at a special election to be called by 3 |
|---|
| 18 | 18 | | the governor for that purpose, there is hereby submitted to 4 |
|---|
| 19 | 19 | | the qualified voters of this state, for adoption or 5 |
|---|
| 20 | 20 | | rejection, the following amendmen t to article I of the 6 |
|---|
| 21 | 21 | | Constitution of the state of Missouri:7 |
|---|
| 22 | 22 | | Section A. Section 23, article I, Constitution of 1 |
|---|
| 23 | 23 | | Missouri, is repealed and one new section adopted in lieu 2 |
|---|
| 24 | 24 | | thereof, to be known as section 23, to read as follows:3 |
|---|
| 25 | 25 | | Section 23. [That the right of every citizen to keep 1 |
|---|
| 26 | 26 | | and bear arms, ammunition, and accessories typical to the 2 |
|---|
| 27 | 27 | | normal function of such arms, in defense of his home, 3 |
|---|
| 28 | 28 | | person, family and property, or when lawfully summoned in 4 |
|---|
| 29 | 29 | | aid of the civil power, shall not be q uestioned. The rights 5 |
|---|
| 30 | 30 | | guaranteed by this section shall be unalienable. Any 6 |
|---|
| 31 | 31 | | restriction on these rights shall be subject to strict 7 |
|---|
| 32 | 32 | | scrutiny and the state of Missouri shall be obligated to 8 |
|---|
| 33 | 33 | | uphold these rights and shall under no circumstances decline 9 |
|---|
| 34 | 34 | | to protect against their infringement. Nothing in this 10 SJR 36 2 |
|---|
| 35 | 35 | | section shall be construed to prevent the general assembly 11 |
|---|
| 36 | 36 | | from enacting general laws which limit the rights of 12 |
|---|
| 37 | 37 | | convicted violent felons or those adjudicated by a court to 13 |
|---|
| 38 | 38 | | be a danger to self or ot hers as result of a mental disorder 14 |
|---|
| 39 | 39 | | or mental infirmity] In compliance with the Second Amendment 15 |
|---|
| 40 | 40 | | of the Constitution of the United States and limited by 16 |
|---|
| 41 | 41 | | decisions of the United States Supreme Court and federal 17 |
|---|
| 42 | 42 | | law, any county, the city of St. Louis, an d the city of 18 |
|---|
| 43 | 43 | | Kansas City may, by ordinance duly enacted, regulate the 19 |
|---|
| 44 | 44 | | possession, carrying, or transfer of firearms within the 20 |
|---|
| 45 | 45 | | limits of the city or county notwithstanding any other 21 |
|---|
| 46 | 46 | | provision of law, subject to the following: 22 |
|---|
| 47 | 47 | | (1) An ordinance authorizing the issuance of a permit 23 |
|---|
| 48 | 48 | | or certificate may provide for the city or county to charge 24 |
|---|
| 49 | 49 | | a fee that is sufficient to cover the costs of issuing 25 |
|---|
| 50 | 50 | | permits or certificates but that does not exceed the costs 26 |
|---|
| 51 | 51 | | therefor. Any permits or certificates issu ed in accordance 27 |
|---|
| 52 | 52 | | with such ordinance shall not be valid for more than five 28 |
|---|
| 53 | 53 | | years. The city or county may obtain background check 29 |
|---|
| 54 | 54 | | information from the federal National Instant Criminal 30 |
|---|
| 55 | 55 | | Background Check System or any other governmental agency 31 |
|---|
| 56 | 56 | | providing such information service; 32 |
|---|
| 57 | 57 | | (2) Any ordinance adopted in accordance with this 33 |
|---|
| 58 | 58 | | section may apply to nonresidents as well as residents of 34 |
|---|
| 59 | 59 | | the city or county but shall recognize as valid any permit 35 |
|---|
| 60 | 60 | | or certificate authorizing the possession or carrying of 36 |
|---|
| 61 | 61 | | firearms issued by the county of residence of the permit 37 |
|---|
| 62 | 62 | | holder or certificate holder. Any such ordinance shall also 38 |
|---|
| 63 | 63 | | exempt any active duty or retired law enforcement officer 39 |
|---|
| 64 | 64 | | who is currently certified as compliant with the peace 40 |
|---|
| 65 | 65 | | officer standards and training required in this state, any 41 |
|---|
| 66 | 66 | | full-time judge, and any person who is required to be armed 42 SJR 36 3 |
|---|
| 67 | 67 | | as a condition of employment during active employment as a 43 |
|---|
| 68 | 68 | | licensed security guard or as a government employee, 44 |
|---|
| 69 | 69 | | including any member of the military; and 45 |
|---|
| 70 | 70 | | (3) Any ordinance adopted in accordance with this 46 |
|---|
| 71 | 71 | | section may provide penalties for violation, but such 47 |
|---|
| 72 | 72 | | penalties shall not exceed a fine of one thousand dollars or 48 |
|---|
| 73 | 73 | | imprisonment in the county jail for a term exceeding one 49 |
|---|
| 74 | 74 | | year, or both. Any such ordinance may also authorize a law 50 |
|---|
| 75 | 75 | | enforcement officer, upon probable cause, to seize any 51 |
|---|
| 76 | 76 | | firearm in the possession of a person who is ineligible by 52 |
|---|
| 77 | 77 | | law to possess the firearm . 53 |
|---|
| 78 | 78 | | |
|---|