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http://www.newstribune.com/articles/2004/04/02/news_local/0402040026.txt |
| "Are you SURE that's a CCW
permit? Looks like a Apple Market shopper card to me!" |
Sheriff
issues first gun permits
By STEPHEN FOUTES
News Tribune
Eight of 12 Cole County
residents who already cleared background checks have received their
permits to carry concealed weapons, Sheriff John Hemeyer said Friday.
Hemeyer began issuing the permits
at noon Thursday, one day after Missouri Attorney General Jay Nixon sent
out a letter telling sheriffs the original litigation surrounding the
conceal and carry statute is over.
As such, Nixon's letter said, "further delays in the implementation
of the concealed weapons legislation cannot be justified."
Hemeyer noted the arrival of Nixon's letter coincided with the arrival of
12 fingerprint checks that were cleared by the Missouri Highway Patrol and
the FBI.
"I can tell you that every person that has received a permit from me
has qualified on all aspects of the state law," Hemeyer said.
Background checks on 62 other Cole County applicants have yet to be
returned, Hemeyer noted.
While Missourians over age 23 may carry concealed weapons in their
vehicles without a permit, a person's ability to carry a concealed weapon
ushers in a "new era" of law enforcement, Hemeyer said.
And that new era could mean new problems for law enforcers.
One such problem deals with traffic stops. Local law enforcement officials
said they'll ask motorists stopped for traffic violations if they have a
gun in the vehicle almost immediately after contact is made.
"That's going to be the first question," Missouri Highway Patrol
Lt. Tim Hull said.
While many citizens might be upset by such a question, they shouldn't be,
Hemeyer said.
"They should understand it's a legitimate concern," he added.
"I want my deputies to get home safe at the end of the shift and,
therefore, I don't think it's an unreasonable question to ask."
Jefferson City Police Capt. Ray Bledsoe agreed, saying officer safety is a
top priority.
"Just because they've got a permit to carry a gun doesn't mean we
feel safe with them or that they are a person that's rational,"
Bledsoe said.
"We have 'normal' people that do bad things."
But Hemeyer said simply asking people if they have a gun in their vehicle
could violate their rights.
"If someone says, 'Yes I do,' and that pistol is illegal, have we
violated someone's rights by not informing them of (Miranda) before asking
the question?" Hemeyer asked.
"All this is case law that will be made in the future from car
stops."
Hull said drivers stopped by law enforcement need to sit still, with their
hands on the steering wheel, until the officer approaches them and
instructs them to present their license or registration.
It's important for drivers to not reach toward their glovebox, center
console or under their seat before an officer approaches, he said..
"(That officer) doesn't know who you are and will have to react to
what he thinks is going on," Hull said.
Another potential problem deals with Missourians with concealed weapons
permits from other states. Those permits must be honored here, Hemeyer
said.
But many officials don't know what those permits look like and they might
be easily forged or copied, he said.
And while checking on permits issued in Missouri shouldn't be a problem,
checking those from out-of-state is "going to be a whole different
process," Hemeyer said.
"And we don't have all the bugs worked out on that."
In many instances, those checks might require phone calls or teletype
messages. The question then is, "How long can I hold someone to
indeed find if this permit is valid?" Hemeyer asked.
"The reciprocity clause opens up another area that Missouri law
enforcement is going to have to look at and research very quickly."
While traffic stops and rights violations are of great concern to law
enforcers, Bledose said he also has some fears about citizens carrying
weapons on the streets.
Specifically, he's concerned that a citizen with a permit to carry a
concealed weapon might become "overzealous" if he/she encounters
a crime.
If a police officer doesn't realize the citizen is trying to be helpful,
that citizen could end up getting shot, Bledsoe said.
"As a police officer, you've got one to three seconds to make that
decision to shoot or don't shoot," Bledsoe said.
"I'm concerned that just because they are carrying a gun, they might
interfere with apprehension or a critical incident that's going to cause a
by-stander to get killed."
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