As the Aug. 5 election draws near, some of the lesser known amendments on the ballot are receiving more attention.
Compared to the amendments dealing with farming rights and a transportation tax, those calling for stronger gun rights and the creation of a lottery ticket to benefit veterans services have garnered far less notice.
Amendment 5 would make the right to bear arms, ammunition and "accessories typical to the normal function of such arms" an unalienable one in the state. It also allows for protecting family in addition to person and property, and calls for any restriction of these rights to be subject to strict scrutiny.
Sen. Kurt Schaefer, R-Columbia, sponsored the amendment he said "is about drawing a line in the sand and making it clear that in Missouri, we will do everything in our power to safeguard the freedoms we've enjoyed since the creation of this country." If approved by voters next week, it would make Missouri's protection of gun rights among the nation's strongest.
Schaefer was among the most vocal senators to express outrage last year over the storing and sharing of Missourians' private information -- specifically, information revealing who held a concealed-carry permit -- by the Department of Revenue. He recently said that experience inspired him to push for more protection.
Critics have questioned whether the amendment and its "strict scrutiny" clause might cause more harm than good. It would make the creation of new regulations difficult and could throw existing laws and local ordinances into question. The measure does make special mention that if approved, it would not prevent the Legislature from "enacting general laws which limit the rights of convicted felons or those adjudicated by a court to be a danger to self or others as a result of a mental disorder or mental infirmity."
The city of Cape Girardeau has ordinances about firearms and other weapons. One prohibits carrying a concealed firearm unless a person has a valid concealed-carry permit. Others prohibit openly carrying a firearm "readily capable of lethal use" or carrying a firearm into any place of worship, school, election precinct or inside a building owned or occupied by the city or by the federal government.
The possibility that laws and ordinances will be challenged in court has been acknowledged by even the supporters of the measure. Missouri Auditor Tom Schweich approved ballot language noting its passage "will likely lead to increased litigation and criminal justice related costs."
Darin Hickey, public information officer for the Cape Girardeau Police Department, said the department has a pretty standard procedure when it comes to possible rule changes.
"We will enforce the law no matter what it is. We don't make the laws, we enforce them. The legislators do that," he said. "We don't take an opinion one way or another. When a law makes its way down to us ... we will enforce it, and if we have any questions on that, then we'll contact either the prosecutor's office or the city attorney and say 'Hey, what do we need?' and ask for advice on that."
If approved, Amendment 8 would create a new lottery ticket to help fund state veterans' services. Daniel Bell, public information officer for the Missouri Veterans Commission said the funds would go toward a capital improvements trust fund and not any specific program or need. About 25 cents of every dollar would go into the fund.
The veterans cemetery in Bloomfield, Missouri, and the veterans home in Cape Girardeau would be among the five cemeteries and seven veterans homes to benefit. The Cape Girardeau facility has about 150 beds.
The amendment received strong bipartisan support by legislators from the House and Senate. Sen. Wayne Wallingford, R-Cape Girardeau, said the support he's seen from colleagues and the public can be attributed to gratitude and a desire to do more for the men and women who have served.
"I am a veteran and I have lots of veteran friends, past and present, and they've just given so much to America and served so honorably that I felt it was very incumbent on us as the state of Missouri to ensure their needs are met," he said, "and this is to me a painless way to do it."
The senator said the only people he's encountered who were not in support of the measure were those who felt strongly about gambling. But in many cases, he said the reaction has been quite the opposite.
"Ironically, I've talked to many people who've said, 'You know, Wayne, I've never, ever bought a lottery ticket in my life, but if we get this veterans [ticket] passed, I will be buying a veterans lottery ticket,'" Wallingford said.
Some have questioned the possible financial success of such a measure, but Wallingford said he believes the income could help state veterans services through the financial ups and downs it seems to suffer when the state budget is negotiated each year. He hopes the funds will help expand outreach programs for minorities and women and veterans who are disabled, incarcerated or homeless.
Should the amendment pass, the Missouri Lottery would begin selling the ticket around July 1 of next year.
srinehart@semissourian.com
388-3641
Pertinent address:
Cape Girardeau, Mo.
Bloomfield, Mo.'
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