State of Missouri v. Marcus Merritt

Santonio McCoy appeals his conviction of unlawful possession of a firearm. Section 571.070.l(l).1 He claims this “felon-in-possession law” violates the Missouri Constitution’s protection of his right to bear arms.

While the appeal was pending, the Missouri Constitution’s right to bear arms provision, article I, section 23, was amended to state that courts must apply “strict scrutiny” to laws restricting the right to bear arms. The prior version of article I, section 23 applies in this case because this Court applies the constitution as it was written at the time of the offense. Nevertheless,…