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.