http://www.kansascity.com/mld/kansascity/news/7062829.htm
Posted on Tue, Oct. 21, 2003

Briefs filed in weapons law case
Hearing is set for Thursday on injunction

Attorneys in the challenge to Missouri’s concealed weapons law filed court briefs Monday stating why a St. Louis judge should uphold or strike down the measure, which is now on hold.

St. Louis Circuit Court Judge Steven Ohmer will conduct a hearing on the law Thursday. He imposed a temporary injunction Oct. 10.

Whatever he rules is expected to be appealed to the state Supreme Court.

Ten plaintiffs, mostly elected officials, argued that the law the Missouri General Assembly enacted in May is unconstitutional. The Missouri attorney general’s office is defending the law, which was to take effect Oct. 11.

The law would require sheriffs to issue concealed-weapons permits to Missouri applicants age 23 or over who pass background checks and gun training.

In the briefs Monday, attorneys for the two sides focused on language in the constitution that grants the right to bear arms but goes on to say “this shall not justify the wearing of concealed weapons.”

Lawyers Richard Miller of Kansas City and Burt Newman of St. Louis argued that the Constitution not only specifically bans concealed weapons but states that the bearing of arms is limited to “defense of home, person or property.”

As written, the new law permits the carrying of weapons on many public and private properties, unless signs are posted, the two lawyers noted.

Assistant Attorneys General Alana Barragan-Scott and William Bryan argued that the constitution does not prohibit the General Assembly from passing a concealed weapons law and has not been so interpreted.

“Their argument, which has never before been advanced despite the decades of intense debate surrounding concealed weapons, is far too slender a reed to justify the extraordinary intrusion in the legislative process…” the attorneys wrote.

Ohmer said last week that he was not sure whether he would issue a ruling at the hearing or take the arguments under advisement for a later decision.

 


To reach Kevin Murphy, call (816) 234-4464 or send e-mail to kmurphy@kcstar.com.