The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
The provision had earlier read, "that every citizen has a right to bear arms in defense of himself and the state"; it will now read,
(a) 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.
The second provision is a political statement, with little legal effect—if a treaty or law violates the U.S. Constitution, then it is unconstitutional even without a provision in the Alabama Constitution. But the first provision would impose a more demanding test for gun controls, though not an insuperable test (see this case upholding a limited ban on gun possession by felons under strict scrutiny). Similar restrictions have recently been enacted in Louisiana and Missouri.