SECOND REGULAR SESSION
House Concurrent Resolution No. 40
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WALLACE (Sponsor), KEENEY, GUERNSEY, NANCE, KINGERY, FISHER (125), JONES (89), SATER, THOMSON, WILSON (119), SMITH (150), WASSON, DENISON, RUZICKA, NASHEED, MUNZLINGER, ICET, WRIGHT, DUSENBERG, BURLISON, ZERR, FUNDERBURK, SCHAAF, FLOOK, ERVIN, GATSCHENBERGER, STEVENSON, SCHAD, LOEHNER, POLLOCK, TRACY, DIECKHAUS, SANDER, SMITH (14), McGHEE, WELLS, LAMPE, KOMO, SHIVELY, SCHIEFFER, KUESSNER, AULL, HARRIS, FISCHER (107), LARGENT, GUEST, DAY, RIDDLE, KOENIG, LAIR, DETHROW, DOUGHERTY, FRANZ, DEEKEN, DUGGER, MEADOWS, BROWN (149), GRISAMORE, EMERY, SCHARNHORST, LIPKE, NIEVES AND VIEBROCK (Co-sponsors).
Whereas, the right of the people to keep and bear arms is guaranteed under the Second Amendment of the United States Constitution and under Article I, Section 23 of the Missouri Constitution; and
Whereas, on June 26, 2008, the United States Supreme Court made its first major pronouncement on the right of individuals to keep and bear arms since the 1791 ratification of the Second Amendment to the United States Constitution. In District of Columbia v. Heller, the Supreme Court ruled that:
(1) The Second Amendment protects an individual's civil right to possess a firearm unconnected with service in a militia;
(2) The Second Amendment protects an individual's civil right to use arms for traditionally lawful purposes;
(3) The Second Amendment protects the lawful use of arms for self-defense within the home;
(4) The core lawful purpose of the Second Amendment is self defense; and
Whereas, approximately 80 million Americans, representing half of U.S. homes, own more than 223 million guns; and
Whereas, the citizens of the State of Missouri derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within the State using all types of firearms allowable under the constitutions of Missouri and the United States:
Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-fifth General Assembly, Second Regular Session, the Senate concurring therein, hereby join in the opinion of the United States Supreme Court recognizing that the Second Amendment to the United States Constitution does protect an individual's civil right to possess a firearm unconnected with service in a militia and protects an individual's civil right to use arms for traditionally lawful purposes and protects the lawful use of arms for self defense within the home and recognizes that the core lawful purpose of the Second Amendment to the United States Constitution is self defense; and
Be it further resolved that the Missouri General Assembly strongly opposes the enactment of any federal legislation or the imposition of any taxation or federal regulation of firearms and ammunition that would unconstitutionally infringe upon the right of the people to keep and bear arms under the United States and Missouri constitutions; and
Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional delegation.