Ballot measure proposes expanding Arkansas constitution’s right to bear arms

A proposed constitutional amendment aimed at solidifying Arkansans’ right to keep and bear arms is needed to better protect that right, supporters say, but opponents argue it will make it more difficult to implement gun safety regulations. 

Issue 2 would amend the state constitution to clarify that the right to keep and bear arms includes “without limitation” the possession and use of ammunition, firearm accessories and firearm components. 

Arkansas’ constitution currently says the state’s citizens “shall have the right to keep and bear arms, for their common defense.”

The proposal is one of four ballot measures being considered by Arkansas voters in this year’s midterm election.

The proposal comes as the U.S. Supreme Court prepares to consider whether bans on assault weapons violate the Second Amendment. Gun Owners of Arkansas President Gary Epperson said in an email that once that issue is settled, he expects the battle to shift to efforts to restrict access to ammunition and accessories. Issue 2 incorporates language into the Arkansas constitution in anticipation of that, Epperson said. 

The proposed constitutional amendment is supported by GO-AR for Issue 2, a ballot question committee comprised of Gun Owners of Arkansas board members. The nonprofit advocacy group has donated more than $20,000 to the committee, which has used the funds for advertising, signs and printed materials, according to an October finance report. 

Epperson, who’s also the committee’s president, said they proposed the wording of Issue 2 and lobbied legislators to get it on the ballot via their referred amendment process. 

The Arkansas constitution allows state lawmakers to refer up to three proposed amendments to voters on the general election ballot. Republicans Sen. John Payton and Rep. Matt Duffield sponsored the resolution that created Issue 2.

Opponents of the measure have argued that declaring the right to keep and bear arms includes “without limitation” the possession and use of ammunition and firearm accessories could open the door to legal challenges that undermine responsible gun ownership and public safety, according to the Public Policy Center at the University of Arkansas Division of Agriculture.

Issue 2 also proposes deeming the right to keep and bear arms as “a natural, fundamental, and individual right that shall not be infringed.” 

Casey Cromer, Northwest Arkansas Moms Demand Action group lead, questioned how this language would affect the ability to prohibit certain people, like felons or someone convicted of domestic violence, from possessing firearms. Moms Demand Action is a national organization that advocates for expanded background checks and other measures to address gun violence.

“If their right to keep and bear arms shall not be infringed as a natural and fundamental right, how are our courts going to enforce that,” Cromer said. “It seems like this extreme and absolute language…will create unintended consequences.”

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As a gun owner, Cromer said the right to bear arms is an important one, but she also believes there should be “commonsense laws around that.”

“We’re not against guns, we’re against gun violence and people dying by gun violence,” she said. 

Critics of the proposal have also argued it’s not needed because the state’s constitution already protects an individual’s right to bear arms, and the amendment does nothing to help protect children, according to the Public Policy Center.

The current wording in the state constitution “is weak and could be exploited,” said Epperson, who noted the amended language raises judicial standards so a court would have to apply strict scrutiny. This is the highest standard of review courts use to evaluate the constitutionality of government action, according to Cornell Law School’s Legal Information Institute.

The amendment proposes adding language to the state constitution that would allow Arkansans to keep and bear arms for “lawful hunting and recreational use” and for “any other lawful purpose.” Adding the term “lawful” covers self-defense and future technologies, Epperson said. 

The League of Women Voters of Arkansas, a nonpartisan organization focused on protecting and expanding voting rights, opposes Issue 2. 

Kristin Foster, executive director of the Arkansas chapter, said that while the organization supports lawful hunting and recreational use, the expansion in Issue 2 “was more broad than we feel comfortable with and is inconsistent with our national position.”

“For us it kind of came down to support for regulating firearms for consumer safety and supporting licensing procedures for gun ownership that include background checks or identity verification, and gun safety education,” Foster said.  

Epperson said Issue 2 is needed because the state’s current constitution only gives Arkansans the right to keep and bear arms for the “common defense.”

“With this wording anti-gun legislators could create havoc with the individual right to keep and bear arms,” he said. “Relying on the U.S. Supreme Court could take multiple generations before they would select a court challenge even if they did.”

Issue 2 would be effective Jan. 1 if voters approve it.

You can read the proposed constitutional amendment in its entirety here.