Explore The NRA Universe Of Websites

“Strict Scrutiny” Amendments: Iron Plating for the Right to Keep and Bear Arms

Friday, January 26, 2018

“Strict Scrutiny” Amendments: Iron Plating for the Right to Keep and Bear Arms

The Iowa legislature is considering House Joint Resolution 13 to add a right to keep and bear arms to the state’s constitution. Should the introduced language eventually be adopted, the Hawkeye State would become the fourth – behind Louisiana, Missouri, and Alabama – to explicitly designate strict scrutiny as the required judicial standard for adjudicating restrictions on the right to keep and bear arms. This change would rocket Iowa from one of the few states without any constitutional right to arms into an elite group that provides the strongest possible protection for the most fundamental of civil rights. 

Unlike the federal Bill of Rights, state constitutional provisions rarely grab headlines. Yet they are a very important backstop for civil rights and greatly contribute to the American tradition of individual liberty. 

In America’s constitutional system, states cannot infringe on “fundamental” rights protected by the U.S. Constitution.  Many of these rights are spelled out in the Bill of Rights itself, but others – like the right to interstate travel – have been recognized by courts as emanating from other, more explicit guarantees or constitutional principles.

But while the U.S. Constitution sets a “floor” on certain individual liberties, states can exceed that floor with additional protections of their own that apply within their borders to the official acts of state functionaries. States can also create constitutional protections – like the right to hunt and fish – that are not expressly mentioned in the Bill of Rights. 

These principles are especially important as applied to the right to keep and bear arms. 

The U.S. Supreme Court, of course, has recognized that the Second Amendment protects an individual right to arms. But anti-gun lower courts – many of which for years denied the existence of any such individual right at all – have largely ignored the Supreme Court’s Second Amendment rulings and have continued to interpret the provision into near irrelevance. Federal rulings on the Second Amendment are replete with references to “intermediate scrutiny,” a toothless standard that allows antigun officials broad leeway to infringe the rights of law-abiding Americans, including with bans on popular firearms and virtual bans on public carry.

Meanwhile, anti-gun activists and academics have not given up hope of returning to the days when the constitutional right to keep and bear arms did not have to be paid any lip service at all. Calls for the repeal of the Second Amendment remain common after high-profile crimes committed with firearms, and academics are busily re-writing history to bolster what they hope will be future rulings overturning the Supreme Court’s 21st Century jurisprudence on the Second Amendment.

Should that happen, state constitutional provisions could still provide a measure of protection to activity within the state’s borders.  

Some mistakenly believe that including strict scrutiny within a state right to arms somehow invites regulation of the right and that constitutional phrases like “shall not be infringed” preclude any sort of restrictions whatsoever.

Needless to say, history and experience prove otherwise. Legislatures have passed restrictive laws against the backdrop of every sort of constitutional phraseology ever devised, usually while claiming perfect allegiance to the Constitution. 

What strict scrutiny does is ensure that when the matter goes before a court on a constitutional challenge, the state is held to the highest standards of justification for its actions.  And even if the state can substantiate a compelling reason for its law, it still has to structure the law in the most narrowly-tailored way possible to achieve that objective.

The result is that shoddy exercises in political grandstanding – which defines most of the gun control agenda – will not pass muster.

On the other hand, legitimate public safety measures – such as laws banning firearm possession by violent felons or those serving a criminal sentence – will still be permissible, as has been shown time and again in the states that have adopted “strict scrutiny” standards.

The NRA strongly endorses the adoption of strict scrutiny for state constitutional rights to arms. As NRA-ILA Executive Director Chris Cox has said, these measures “build an iron wall” around your freedoms and protect them from antigun officials and activist judges.

TRENDING NOW
Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

News  

Monday, May 11, 2026

Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

A recent case involving an Oregon man who was the subject of two “red flag” gun confiscation orders illustrates one of the many problems with the foolish policy.

A “Thought Experiment” That has Already Been Tried—And Failed

News  

Monday, May 11, 2026

A “Thought Experiment” That has Already Been Tried—And Failed

Washington Post opinion columnist Megan McArdle recently wrote an article (paywall alert) exploring a “new” idea to combat violent crime where firearms are used.

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

Monday, May 4, 2026

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms in ...

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

Canada’s Multi-Million Dollar “Red Flag” Regime: All Show, No Go

News  

Monday, May 11, 2026

Canada’s Multi-Million Dollar “Red Flag” Regime: All Show, No Go

American “red flag” laws (“punishment now, due process later”) have been opposed for years by groups as varied as the NRA and the ACLU because of their shaky science, minimal evidentiary requirements, and significant erosions of constitutional ...

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Wednesday, May 6, 2026

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Last night, in the early morning hours of May 6th, progressives in the Connecticut Senate passed H5043, the Governor's bill banning future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Pennsylvania: Pair of Pro-Gun Bills Advance In Senate

Wednesday, May 6, 2026

Pennsylvania: Pair of Pro-Gun Bills Advance In Senate

Wednesday, May 6 was a big day in Harrisburg for gun owners as the Senate took action on a couple important gun bills.  

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.