When Alabamians go to the polls to vote in the Nov. 4 general election, they will decide whether to add a new amendment to the state's constitution that is drawing support from some gun rights activists and vocal opposition from others.

Amendment 3 says every Alabama citizen "has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny." It also mandates that "no international treaty or law shall prohibit, limit, or otherwise interfere with a citizen's fundamental right to bear arms."

The author of the proposed amendment, Rep. Mike Jones (R-Andalusia), said he wrote it after watching a similar situation unfold in Louisiana in 2012.

At the heart of the matter is how judges are allowed to handle cases that involve the right to bear arms. Jones said in Louisiana judges needed only the lowest level of review, a "rational basis," to restrict gun rights in that state.

Legislators proposed an amendment declaring gun ownership a fundamental right in Louisiana and requiring "strict scrutiny," the highest level of judicial review, for any law or ruling that would affect that right. The resolution was backed by the National Rifle Association and gun rights activists statewide, and was overwhelmingly approved by the state's voters in November 2012.







Jones said he saw what happened in Louisiana and assumed that in Alabama, whose state motto is "We dare defend our rights," similar measures were already in place. He found, however, that they were not -- "rational basis" is currently the only level of judicial review required in matters related to gun ownership in the state.



"I'm not big on re-inventing the wheel," Jones said, "but I believe we need great clarity on people's fundamental right to bear arms."



Many gun rights activists agree with Jones and have put their support behind the amendment. The leader of the state's largest gun rights organization, however, has his doubts.



Eddie Fulmer, the president and director of BamaCarry, Inc. said gun rights in Alabama are already well protected by state's constitution, which says in its Declaration of Rights "that every citizen has a right to bear arms in defense of himself and the state."



Alabama's Constitution also says "that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate."



Fulmer and others that Amendment 3 changes the right to bear arms from one that "shall forever remain inviolate" to one that can be changed so long as the standards of strict scrutiny are met.



"If [Amendment 3] passes, our Constitution will then state there can be restrictions on our right of self-preservation by allowing restrictions on our right to carry a weapon," Fulmer said. "I believe the citizens will suffer from this in the future in the form of regulations on our 2nd Amendment rights."



Fulmer said BamaCarry does not tell its members how to vote, but said he had deep concerns about Amendment 3 and would be voting no on adopting it next Tuesday.



"I would urge you, as strongly as possible, to do the same," Fulmer said.



Jones said opponents of gun rights have sown seeds of disinformation about the amendment, starting what Jones called an underground movement of opposition from people who should support the amendment most.



"Most Alabamians support this right and hold it dear," Jones said. "If you want to change that, you're not going to win that fight head-on."