Ravenwood - 03/01/04 06:15 AM
Missouri gun owners won in the State Supreme Court, but are still losing at home. The Missouri Supreme Court correctly ruled that the state constitution did not explicitly deny citizens the right to carry concealed firearms, it merely didn't automatically provide for it.
The court wrote: "There is no constitutional prohibition against the wearing of concealed weapons; there is only a prohibition against invoking the right to keep and bear arms to justify the wearing of concealed weapons." A contrary decision would have made it illegal for even police officers to carry concealed guns.That's right, gun grabbers were even trying to take guns away from police officers, something that I noted last year. But now that gun owners in Missouri have won in the supreme court, they'll get to carry guns, right? Well, not everyone.
The court apparently left the funding issue a little ambiguous. Gun grabbers consider the concealed carry permit process to be an unfunded mandate that cannot be paid with fees collected locally. In their mind, law abiding Missourians shouldn't simply be able to pay the processing fees and pick up a permit like in other states. It would be a hoot if the legislature responded by passing a "Vermont-style" unregulated carry bill, but that seems unrealistic. Especially given the attitudes of the local officials and gun banners in the state.
Gun grabber and St. Louis attorney, Burton Newman is threatening legal action against anyone who even thinks of trying to get a permit. "Any county in the state of Missouri that attempts to implement the conceal and carry law will be challenged in the Missouri courts," said Newman. Presumably that means he'll sue St. Francois County Sheriff Dan Bullock.
Meanwhile local law enforcement aren't exactly jumping to issue permits. "Some law enforcement officials are saying that even if permits are issued, they will arrest anyone possessing a concealed weapon within their jurisdiction," Sheriff Gary Toelke siad.
"The sheriff's department will be on hold as it relates to issuing the permits until the pending options and opinions have been discussed thoroughly. We will do our best to keep Franklin County residents informed on the status of the case." Toelke said. "Those citizens who purchased the permits would lose the $100 fee for the permit."
Missouri is almost there, but the fight seems far from over.
It looks as if Missouri is trying to make their law read "May issue" instead of "Shall issue". "May issue" means the sheriff can tell you, "The law says I got to issue a permit to you at my discrescion (sp?). And I don't feel like it."
Posted by: Ralph Gizzip at March 1, 2004 10:22 PM(c) Ravenwood and Associates, 1990 - 2014