NEW YORK, Feb. 27, 2015 /PRNewswire-USNewswire/ -- In
response to Missouri Circuit Court Judge Robert H. Dierker's ruling today that will allow
convicted felons to possess firearms as a result of his application
of Amendment 5, Missouri's "strict
scrutiny" amendment, Everytown for Gun Safety released the
following statement and background on the court's
decision.
STATEMENT FROM EVERYTOWN FOR GUN SAFETY SENIOR COUNSEL
ADAM SKAGGS:
"Today's decision by Missouri Circuit Court Judge Robert H. Dierker is an example of just how
dangerous 'strict scrutiny' amendments like Amendment 5 are – in
one strike of his gavel, Judge Dierker has declared that convicted
felons are no longer all prohibited from possessing guns in
Missouri. It is likely the state
will appeal Judge Dierker's decision and a higher court may well
reinstate the felon in possession law – but even if Robinson's
conviction is affirmed, this case is a prime example of how
Amendment 5 calls into question basic public safety laws. This
decision comes just days after the Missouri Supreme Court heard
arguments on the validity of Amendment 5 and highlights why they
should strike down this dangerous rewrite of the state
constitution.
"Prosecutors across Missouri
will now decline to bring charges against felons or others who
violate gun crimes, for fear that a court will throw out the law
like Judger Dierker did today. And the taxpayers of
Missouri will pay the costs to
defend challenges like the one Robinson brought – and won – today,
not to mention the immeasurable cost of weakening public safety for
Missouri families and
communities."
BACKGROUND ON AMENDMENT 5, STRICT SCRUTINY AND
STATE OF MISSOURI v.
RAYMOND ROBINSON:
In August 2014, Missouri voters approved Amendment 5, which
amended the Missouri constitution
and requires Missouri courts
evaluating gun laws to apply the most severe form of judicial
analysis — known as "strict scrutiny." Strict scrutiny
requires the government defending a gun law to show that the law is
"narrowly tailored" to a "compelling" state interest, and because
most laws subjected to strict scrutiny are struck down, Amendment 5
called into question Missouri's
most basic public safety laws, including its law prohibiting
convicted felons from possessing firearms.
When a convicted felon, Raymond
Robinson, was caught carrying a handgun, prosecutors charged
him under longstanding Missouri
law with being a felon in illegal possession of a firearm. Robinson
appeared to be exactly the type of dangerous individual whom the
law is designed to prevent from possessing a gun: he had
previously been convicted of a felony for carrying a concealed
weapon; he has prior arrests involving assault and resisting
arrest; and he admitted to beating a man who stole his
tools. And he admitted carrying a gun, despite it being
illegal. Nevertheless, despite this criminal history, Robinson
challenged the gun charges against him, arguing that after
Amendment 5, the felon-in-possession law no longer passed
constitutional muster because it could not survive strict
scrutiny. Today Circuit Judge Robert
H. Dierker agreed with Robinson and tossed out the charges
against him.
About Everytown for
Gun Safety
Everytown is the largest gun violence prevention
organization in the country with more than 2.5 million supporters
and more than 40,000 donors including moms, mayors, survivors, and
everyday Americans who are fighting for
public safety measures that respect the Second Amendment
and help save lives. At the core of Everytown are
Mayors Against Illegal Guns and Moms Demand Action for Gun Sense in
America, a grassroots movement of American mothers founded the day
after the Sandy Hook tragedy. Learn more
at www.everytown.org and follow us @Everytown
Contact:
Press@Everytown.org
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SOURCE Everytown for Gun Safety