Missouri HJR 155: Proposes a constitutional amendment relating to firearms

Bill Text

SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 155
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SMITH (46).
5713H.01I DANA RADEMAN MILLER, Chief Clerk
JOINT RESOLUTION
SubmittingtothequalifiedvotersofMissourianamendmentrepealingSection23ofArticleI
of the Constitution of Missouri, and adopting one new section in lieu thereof relating
to firearms, with penalty provisions.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next
2 following the first Monday in November, 2024, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article I of the Constitution of the state of
5 Missouri:
Section A. Section 23, Article I, Constitution of Missouri, is repealed and one new
2 section adopted in lieu thereof, to be known as Section 23, to read as follows:
Section 23. [That the right of every citizen to keep and bear arms, ammunition, and
2 accessories typical to the normal function of such arms, in defense of his home, person,
3 family and property, or when lawfully summoned in aid of the civil power, shall not be
4 questioned. The rights guaranteed by this section shall be unalienable. Any restriction on
5 these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to
6 uphold these rights and shall under no circumstances decline to protect against their
7 infringement. Nothinginthissectionshallbeconstruedtopreventthegeneralassemblyfrom
8 enacting general laws which limit the rights of convicted violent felons or those adjudicated
9 by a court to be a danger to self or others as result of a mental disorder or mental infirmity.]
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

10 In compliance with the Second Amendment of the Constitution of the United States and
11 limitedbydecisionsoftheUnitedStatesSupremeCourtandfederallaw,anycounty,the
12 city of St. Louis, and the city of Kansas City may, by ordinance duly enacted, regulate
13 the possession, carrying, or transfer of firearms within the limits of the city or county
14 notwithstanding any other provision of law, subject to the following:
15 (1) An ordinance authorizing the issuance of a permit or certificate may provide
16 for the city or county to charge a fee that is sufficient to cover the costs of issuing
17 permits or certificates but that does not exceed the costs therefor. Any permits or
18 certificates issued in accordance with such ordinance shall not be valid for more than
19 five years. The city or county may obtain background check information from the
20 federal National Instant Criminal Background Check System or any other
21 governmental agency providing such information service;
22 (2) Any ordinance adopted in accordance with this section may apply to
23 nonresidents as well as residents of the city or county but shall recognize as valid any
24 permit or certificate authorizing the possession or carrying of firearms issued by the
25 county of residence of the permit holder or certificate holder. Any such ordinance shall
26 also exemptany active duty or retiredlaw enforcementofficer who iscurrently certified
27 as compliant with the peace officer standards and training required in this state, any
28 full-time judge, and any person who is required to be armed as a condition of
29 employment during active employment as a licensed security guard or as a government
30 employee, including any member of the military; and
31 (3) Anyordinanceadoptedinaccordancewiththissectionmayprovidepenalties
32 for violation, but such penalties shall not exceed a fine of one thousand dollars or
33 imprisonment in the county jail for a term exceeding one year, or both. Any such
34 ordinance may also authorize a law enforcement officer, upon probable cause, to seize
35 any firearm in the possession of a person who is ineligible by law to possess the firearm.
✔
HJR 155 2