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Alabama Right to Bear Arms, Amendment 3 (2014)

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Amendment 3
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TypeConstitutional amendment
OriginAlabama State Legislature
TopicFirearms
StatusApproved Approveda
2014 measures
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July 15
Amendment 1 Approveda
November 4
Amendment 1 Approveda
Amendment 2 Approveda
Amendment 3 Approveda
Amendment 4 Approveda
Amendment 5 Approveda
Endorsements • Full text
Polls

The Alabama Right to Bear Arms, Amendment 3 was on the November 4, 2014 ballot in Alabama as a legislatively referred constitutional amendment, where it was approved.

The constitution was amended to explicitly "provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny." Additionally, the amendment "provide[d] that no international treaty or law shall prohibit, limit or otherwise interfere with a citizen's fundamental right to bear arms."[1] The measure was known in the Alabama Legislature as House Bill 8.[2]

Election results

Below are the official, certified election results:

Alabama Amendment 3
ResultVotesPercentage
Approveda Yes 736,462 72.50%
No279,39727.50%

Election results via: Alabama Secretary of State

Text of measure

Ballot title

The official ballot title of the measure appeared as follows:[3]

“
Statewide Amendment 3

Proposing an amendment to the Constitution of Alabama of 1901, to provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny; and to provide that no international treaty or law shall prohibit, limit, or otherwise interfere with a citizen's fundamental right to bear arms. (Proposed by Act 2013-267)

Yes ( )
No ( )
[4] 		”

Ballot summary

The full ballot summary was as follows:[5]

“ Amendment 3 provides that every citizen has the fundamental right under the State Constitution to bear arms in defense of himself or herself and the State. Amendment 3 also provides that this right would be entitled to the highest protection of the law.

Amendment 3 also protects a citizen from being compelled by any treaties or laws of another country to take an action which would prohibit, limit, or otherwise interfere with his or her right to bear arms if that treaty or law would violate the United States Constitution.

If Amendment 3 IS PASSED, the right to bear arms will be elevated under the State Constitution to a fundamental right and given the highest possible protection. This right will also be provided with additional protection from potential interference by international treaty or foreign law.

If Amendment 3 IS DEFEATED, the right to bear arms in Alabama will still exist in the State Constitution, but will not be declared as a fundamental right and may not be subject to the highest possible protection. The right to bear arms will also not be protected from potential interference by international laws and treaties.

No source of funding is required for this law.

The measure will have no impact on taxes.

The Constitutional authority for passage of this Amendment is set forth in Sections 284, 285, and 287 of the State Constitution. These sections outline the way a constitutional amendment may be put to the people of the State for a vote. [4]

”

Constitutional changes

Alabama Constitution
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Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII
Local Provisions

Amendment 3 amended Article I, Section 26 of the Alabama Constitution to read as follows, with the underlined text added and the stricken text eliminated:[2]

"(a) That every Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

(b) No citizen shall be compelled by any international treaty or international law to take an action that prohibits, limits, or otherwise interferes with his or her fundamental right to keep and bear arms in defense of himself or herself and the state, if such treaty or law, or its adoption, violates the United States Constitution."[4]

Support

Supporters

  • National Rifle Association (NRA)[6]

Arguments

Chris W. Cox, chairman of the NRA-PVF, spoke in support of Amendment 3, saying,[6]

“ Amendment 3 would strengthen the current Alabama right to keep and bear arms amendment by ensuring the highest level of constitutional protection,” said Chris W. Cox, chairman of the NRA-PVF. “Amendment 5 would protect Alabama's hunting traditions from well-funded extremist groups that seek to ban hunting. These amendments are critical to protect the constitutional freedoms of law-abiding gun owners and sportsmen in Alabama. On behalf of the NRA’s five million members, the NRA-PVF is proud to endorse Statewide Ballot Amendments 3 and 5," concluded Cox. “I urge all Alabama NRA members, gun owners and sportsmen to vote ‘Yes’ on Amendments 3 and 5 on November 4.[4] ”
—Chris W. Cox[6]

HB 8 "Yes" votes

The following Alabama legislators voted in favor of putting Amendment 3 on the ballot:[7][8]

Note: A yes vote on HB 8 merely referred the question to voters and did not necessarily mean these legislators approved of the stipulations laid out in Amendment 3.

Senate

House

Opposition

Arguments

In a column for the Montgomery Examiner, Jason Baker wrote,[9]

“ Alabama gun owners and constitutionalists should warily consider the possible implications of a yes vote on Amendment 3 this November. Alabamians should demand that the Legislature reaffirm the Second Amendment to the U.S. Constitution. It should be placed above the scrutiny of any man. Amendment 3 could be a bad thing for Alabama.[4] ”
—Jason Baker, Montgomery Examiner

HB 8 "No" votes

The following state legislators voted against placing HB 8 on the ballot:[7][8]

Note: A no vote on HB 8 meant that a legislator did not want to refer the question to voters and did not necessarily mean these legislators disapproved of the stipulations laid out in Amendment 3.

Senate

House

Media editorial positions

See also: Endorsements of Alabama ballot measures, 2014

Opposition

  • The Dothan Eagle said,
“ If approved, this measure would “provide that every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny.”

This right is already endowed in the Second Amendment to the U.S. Constitution, making a state constitutional amendment moot.

Our recommendation: Vote no.[4]

”
—Dothan Eagle[10]
  • The Montgomery Advertiser said,
“ Amendments 1, 3 and 5 represent the worst sort of political game playing and should be roundly rejected by voters...Amendment 3 declares that Alabamians have the right to bear arms as a fundamental right under the state constitution. Of course, the Alabama Constitution already states that "every citizen has a right to bear arms in defense of himself and the state." It's been that way since the constitution was ratified in 1901...These three amendments address non-issues. They add nothing to the rights of Alabamians or to the common good of our state. May we see a wave of "No" votes on Amendments 1, 3 and 5.[4] ”
—Montgomery Advertiser[11]
  • The Gadsden Times said,
“ Like Amendment 1, this is a classic example of political posturing. It would protect the rights of Alabama citizens to keep and bear arms. The second amendment to the U.S. Constitution already does that, and so does the Alabama Constitution. Amendment 3 would subject any restriction on the right to “strict scrutiny.” We think the folks in Montgomery already champion gun rights. If you need proof, watch their campaign ads.[4] ”
—Gadsden Times[12]

Path to the ballot

See also: Amending the Alabama Constitution

According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60 percent vote, in order to send it to the statewide election ballot. Since the amendment was approved by a simple majority of the electorate, it became part of the constitution.[13]

On April 30, 2013, the Alabama House approved HB 8 by a vote of 76 to 22. The Senate followed suit on May 20, 2013, passing the bill by a vote of 25 to 4.[13]

House vote

April 30, 2013 House vote

Alabama HB 8 House vote
ResultVotesPercentage
Approveda Yes 76 77.55%
No2222.45%

Senate vote

May 20, 2013 Senate vote

Alabama SB HB 8 Senate vote
ResultVotesPercentage
Approveda Yes 25 86.21%
No413.79%

See also

External links

Footnotes

  1. ↑ Alabama Legislature, "HB8," accessed August 27, 2014
  2. ↑ 2.0 2.1 Alabama Legislature, "HB 8 full text," accessed October 9, 2014
  3. ↑ Alabama Secretary of State, "PROPOSED AMENDMENTS TO APPEAR ON THE BALLOT STATEWIDE," accessed September 8, 2014
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. ↑ Alabama State Legislature Fair Ballot Commission, "2013-2014 Statewide Constitutional Amendments Ballot Statements," accessed September 8, 2014
  6. ↑ 6.0 6.1 6.2 NRA-PVF, "NRA Endorses Pro-Gun and Pro-Hunting Statewide Ballot Amendments in Alabama," September 25, 2014
  7. ↑ 7.0 7.1 OpenStates.org, "Senate Vote on HB 8 (May 20, 2013)," accessed October 9, 2014
  8. ↑ 8.0 8.1 OpenStates.org, "House Vote on HB 8 (Apr 30, 2013)," accessed October 9, 2014
  9. ↑ Montgomery Examiner, "Alabama Statewide Amendment 3 could be a slippery slope," October 8, 2014
  10. ↑ Dothan Eagle, "Our view: Most amendment ballot measures are unnecessary," November 2, 2014
  11. ↑ Montgomery Advertiser, "Only two amendments deserve passing," October 17, 2014
  12. ↑ Gadsden Times, "Our view: Only one amendment should pass," November 1, 2014
  13. ↑ 13.0 13.1 OpenStates.org, "Alabama 2013 Regular Session: HB 8," accessed August 7, 2014
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