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
California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Wednesday, February 26, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to hear a challenge to New York’s “Concealed Carry Improvement Act.”

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

News  

Monday, March 3, 2025

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

Following its landmark loss at the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022), which made clear law-abiding citizens have a right to bear arms outside the home for self-defense, New ...

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

News  

Wednesday, March 5, 2025

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

This week, extreme anti-hunting lawmakers testified to restrict coyote hunting in Maine.

Washington: Gun-Free Zone Bill Passes Senate

Thursday, March 6, 2025

Washington: Gun-Free Zone Bill Passes Senate

On Wednesday, March 5th, Senate Bill 5098 was passed on the Senate floor by a vote of 28-21. It will now be transmitted to the House for consideration.

New York Town Bans Gun Stores

News  

Monday, March 3, 2025

New York Town Bans Gun Stores

For far too long, the Second Amendment could be referred to as the Rodney Dangerfield of the Bill of Rights.  Within many circles of so-called civil rights advocates, it simply got no respect.  

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Thursday, March 6, 2025

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Yesterday the New Mexico Senate Judiciary Committee met to continue discussions on Senate Bill 279 (GoSAFE). The author did not accept the committee substitute to amend the near all-encompassing ban on semi-auto firearms with equally ...

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

News  

Monday, March 3, 2025

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

Amid the push for national concealed carry reciprocity legislation, gun control opponents continue to insist that concealed carrying has no public safety benefits and that lawfully armed civilians simply escalate the risk to first responders and others ...

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

Wednesday, February 5, 2025

New Mexico: Anti-Gun Extremists Introduce Sweeping Gun Ban

As they have tried in the past, anti-gun radicals in the New Mexico Senate have introduced Senate Bill 279, the "GOSAFE Act," a near all-encompassing ban on semi-automatic and NFA firearms.

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.