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Dedicated to the sovereignty
of Missourians.

Landmark Gun Rights Case
in Missouri Supreme Court Tuesday

Freedom Center of Missouri Presenting Oral Arguments

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October 24, 2015 - Jefferson City, MO

About a month ago we emailed an alert about the Missouri Supreme Court's systematic dismantling of Amendment 5, the gun rights amendment to the Missouri Constitution voters overwhelmingly adopted on August 5, 2014. Read about it here: http://www.mofirst.org/emails/Freedom-Center-Files-A5-Brief.php

We reported that Missourian's gun rights would be in the balance in the Missouri Supreme Court this Tuesday, Oct. 27.

This is a call to action – please watch history in the making by attending the two hours of very interesting hearings.

Frankly, I was resigned to the prospect that the Court would once and for all gut Amendment 5, but just yesterday there was a game changer.

In an unprecedented turn of events, the Freedom Center of Missouri learned that they would be given the entire thirty minutes to make their very principled and constitutional argument in defense of Amendment 5. The Freedom Center's attorney, David Roland, had filed an amicus brief in both cases, and now the attorney for one of the defendants has asked Dave to take ALL the argument time on behalf of his client -- and Amendment 5.

Read about the cases, including the briefs, here: Supreme Court Link

IT'S ABOUT MUCH MORE THAN GUN RIGHTS

Like the United States as a whole, Missouri is a “constitutional republic.” The most fundamental aspect of an American constitutional republic is expressed in Article I Section 1 of the Missouri Constitution: “That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”

Through the Constitution, the People dictate the role of government, including rules of conduct and limits on its power.

Amendment 5 constitutes the People's limits on the power of the government they established, including instruction to the judicial branch of government about how they are expected to evaluate laws that restrict the right to keep and bear arms. In a handful of cases so far, the Supreme Court has indicated that they are going to ignore, in whole or in part, the People's instruction. If the Court can ignore Amendment 5, the People will be left powerless to place any restrictions on the government they created.

The Freedom Center brief concludes by making that very point:

If this Court should rule that the language of Article I, Section 23, does not establish the highest possible level of constitutional protection for the rights articulated therein, amicus implores the Court to give the people of Missouri guidance as to what language they would need to adopt to accomplish that highest level of protection for this particular right, or for any other right they wish to put beyond the government’s reach.

We need to make sure the seven judges sitting on the Missouri Supreme Court know the People are watching -- please plan to attend the oral arguments at 9:30 a.m. this Tuesday and bring some friends with you!

The two cases are:

State of Missouri v. Raymond Robinson, and
State of Missouri v. Pierre Clay.

Dave Roland will be arguing the second case.

Attending this hearing may be the most important thing you do for the cause of liberty for a long time.

For liberty,

- Ron

 

 

Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament.

Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation.

There is no longer any room for hope. If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!

Patrick Henry at St. John's Church, Richmond, Virginia March 23, 1775.

 

 

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Article I Section 23
Missouri Constitution

In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare:

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. 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 adjudicated by a court to be a danger to self or others as result of a mental disorder or mental infirmity.

 


Note that a "felony" in Missouri is ANY crime for which the sentence MAY be more than a year in jail, no matter how long the actual sentence is.

As an example, illegally importing a orchid is a felony for which you could lose your right to bear arms.

 

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