Alpert v. State

DISSENTING OPINION

Section 571.070.1(1), RSMo Supp. 2013, forbids felons from knowingly possessing firearms. In State v. Clay , 481 S.W.3d 531, 538 (Mo. banc 2016), this Court held this statute could be enforced against a nonviolent felon without violating his state constitutional right to bear arms. Jack Alpert, a nonviolent felon who has yet to be threatened with prosecution for possessing firearms, now seeks a declaration that the executive branch cannot enforce this statute against him in the future without violating his state and federal constitutional rights to bear arms. To maintain…