JEFFERSON CITY • A convicted drug felon believes a constitutional amendment approved by voters in August means he can have a gun — but it will be up to the Missouri Supreme Court to decide if he’s right.

The court heard Marcus Merritt’s case Tuesday morning. Merritt argues that Amendment 5, which 60 percent of voters supported, changes Missouri law to mean that as a non-violent felon he should be allowed to have guns.

The amendment declares the right to keep and bear arms “unalienable” and subjects laws restricting gun rights to “strict scrutiny.” Residents have the right to keep ammunition and accessories, as well as the right to defend their families with firearms — a right previously limited to defending home, property and person.

The amendment also repeals wording that states that the right to bear arms does not justify carrying concealed weapons. Lawmakers can still pass laws limiting the rights of convicted violent felons and people with mental illnesses.

It’s the phrase “convicted violent felons” that Merritt hangs his hat on. Merritt, a convicted drug felon, is not a violent felon; and his attorney, Matthew Huckeby, argued Tuesday that the amendment’s wording invalidates a law banning all felons from possessing firearms.