Skip to comments.MO: Court Rules for RKBA on Ballot August 6th
Posted on 07/08/2014 5:59:18 AM PDT by marktwain
On 1 July, 2014, Judge Jon Beetem dismissed the lawsuit against placing the constitutional right to keep and bear arms on the August 6th primary ballot.
Other states that have placed similar measures before the public have seen overwhelming support for them, often with majorities over 74%. Wisconsin passed such a measure in 1998 with 74% of the vote. Kansas passed their amendment with 88% of the vote in 2010. Louisiana did the same with 74% of the vote in 2012. Oklahoma has a similar measure on the ballot for this November. It seems likely that Democrat Governor Nixon chose to put the measure on the August 6th ballot in an attempt to reduce second amendment supporter turnout in the general election in November.
Opponents of the measure then filed a the lawsuit that was dismissed by Judge Beetem, contending that the wording was insufficient and unfair. Readers may judge for themselves. Here is the wording on the ballot:
Official Ballot Title:
Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned
; but this shall not justify the wearing of concealed weapons.The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.
There is a very important qualifier right at the end of the amendment:
“...or those duly adjudged mentally infirm by a court of competent jurisdiction.”
This means a *judge* has to determine mental infirmity, not a bureaucrat, or some automatic provision in a bill, nor a psychiatrist or psychologist or counselor.
But I wonder if this might set up contention with the federal law that lets non-judges do this, like VA bureaucrats, not even doctors, deciding that hundreds of thousands of veterans should be denied their rights?
I know judge Beetem personally. A good standup guy. Good Conservative.
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