On August 5, 2014 the citizens of Missouri spoke loud and clear in support of their unalienable right to bear arms. Amendment 5 was/is an extremely important amendment that will change the "Inalienable" rights of Missouri citizens to "Unalienable" rights. The "Unofficial" vote has shown that the people of Missouri voted overwhelmingly in favor of this amendment by over half of their voting population.
Constitutional Amendment 5
- 3898 of 3898 Precincts Reported
- YES 602,076 60.970%
- NO 385,422 39.030%
- Total Votes: 987,498
Why is this so important? Why is this a major move in the right direction for liberty? What is the difference? Let us look back in history, into the definitions, and see why this is so important to all citizens.
Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. Morrison v. State, Mo. App., 252 S.W.2d 97, 101.
You can surrender, sell or transfer inalienable rights if you consent either actually or constructively. Inalienable rights are not inherent in man and can be alienated by government. Persons have inalienable rights. Most state constitutions recognize only inalienable rights.
Unalienable rights: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523: You can not surrender, sell or transfer unalienable rights, they are a gift from the creator to the individual and can not under any circumstances be surrendered or taken. All individual's have unalienable rights.
Now that we have covered the definitions lets cover the historic significance.
The Declaration of Independence states:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain UNALIENABLE (emphasis mine) rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
Why is that so important? Our founding fathers recognized our rights were given to us by God. No man is above God, and no man can take away what God has freely given every individual soul. This is why our founders chose the wording they did. Our founding fathers were very aware of tyranny, oppression, and how the British crown had used their power and influence to steal unalienable rights from their people. Our founders wanted to confirm on paper that these rights could never be touched or altered by any man. They were very wise men, wouldn't you say?
As you can see "Inalienable" rights can be given away as long as you consent. Ex: Consenting to "gun control" laws via vote by politicians. Because we voted these politicians into office, their vote is considered to be our vote (even when they vote against our wishes). Thus we inadvertently gave consent to take away our "inalienable" rights by voting those politicians into office. This is why politicians always "claim" they are voting for the people, or they are doing what the people are demanding of them. When your rights are "Unalienable" these rights are unable to be "voted" on because they are not transferable in any form or fashion. Unalienable rights are inherently yours from the time you take your first breath until the day you die. Most politicians do not want you to realize that you have "Unalienable" rights. When the people recognize their "Unalienable rights" the politicians loose their right to control the people via illegal laws, codes, or ordinances they pass. Any "law" that is contrary to your "Unalienable right" is no law at all for they can not be transferred, nor given away.
The Missouri Constitution Section 23 currently reads:
The right of every citizen to keep and bear arms in defense of his home, person, or property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons. Source: Const. of 1875, Art. II, Sec. 17
Here is Amendment 5 in which the Missouri Constitution will be changed to:
Section 23. The right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family, and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those adjudicated by a court to be a danger to self or others as a result of a mental disorder or mental infirmity.
EXPLANATION.. Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.
(Bold emphasis mine)
Notice that not only have the people gained their "Unalienable rights" back. They have also nullified the previous wording "but this shall not justify the wearing of concealed weapons" unlawful provision in their constitution. Why is it unlawful? Because the "right to bear arms" has always been an "Unalienable right."
Good for Missouri I salute all who stood and fought for liberty. A great victory was won on behalf of the people yesterday. Enjoy your "Unalienable right" to bear arms responsibly as the founding fathers intended.Don't forget to Like Freedom Outpost on Facebook, Google Plus, & Twitter. You can also get Freedom Outpost delivered to your Amazon Kindle device here.