State of Missouri v. Santonio L. McCoy

The State appeals the circuit court’s judgment that Missouri’s “felon-in-possession law” is unconstitutional. Marcus Merritt was charged with three counts of unlawful possession of a firearm, *810§ 571.070.1(1),1 among other offenses. He filed a motion to dismiss the unlawful possession charges, claiming the law violated the Missouri Constitution’s protection of his right to bear arms. The circuit court sustained Merritt’s motion, and the State appeals.

While the appeal was pending, the Missouri Constitution’s right to bear arms provision, article I, section 23, was amended to state that courts…