ST. LOUIS
- A St. Louis judge's decision whether to permanently
block Missouri's law that would let many citizens carry concealed
guns almost certainly won't be the last word.
Thirteen days since he prevented the law from taking effect
Oct. 11, citing unresolved constitutional concerns, Circuit Judge
Steven Ohmer on Thursday was to hear arguments over whether his
injunction should be permanent.
Missouri Attorney General Jay Nixon has said the hearing's
outcome would set the stage for a direct appeal - by whichever
side loses - to the Missouri Supreme Court.
"You bet," Burton Newman, a St. Louis attorney for
the plaintiffs, said Wednesday, expecting Ohmer to take Thursday's
arguments and written briefs under advisement and rule later.
The law - enacted when the state Legislature overrode Gov. Bob
Holden's veto last month - would allow Missourians at least age 23
who pay $100 and pass criminal background checks and training
courses to get permits from their county sheriffs to carry
concealed guns. It also would allow anyone 21 or older to conceal
a gun in a vehicle without need of a permit.
Opponents sued in St. Louis on such claims that the law
violated a Missouri Constitution provision dating to 1875 that
guarantees the right to bear arms and adds, "but this shall
not justify the wearing of concealed weapons."
Ohmer cited that clause in his initial ruling, saying it cast
enough doubt on the law's constitutionality that it warranted
review.
Newman also considers the conceal-and-carry measure illegal
because the Legislature has not appropriated funds to cover new
services required for permits to be issued, including costs of
paperwork, labor and fingerprinting by sheriffs.
And Newman considers the law simply too vague - including about
exactly where a gun in a vehicle can be kept - and blind to voter
rejection of Proposition B, a 1999 referendum on concealed
weapons.
"With that (ballot measure), the Legislature essentially
said, 'We're referring this to you, Missouri's voters, because we
want to know what your will is,'" Newman said. That measure
narrowly was turned back because of lopsided "no" votes
in St. Louis and Kansas City.
Nixon's office, which defended the law's constitutionality, has
claimed that the questioned constitutional clause was a
"reservation" - not an absolute prohibition on lawmakers
passing concealed-guns laws, which now exist in 44 states.
In its legal brief Monday, Nixon wrote that "plaintiffs
seek this unprecedented judicial intrusion armed with nothing more
than a single, inapposite phrase from the Missouri Constitution.
Having wholly failed to carry their burden," the lawsuit's
claims "must fail," he argued.
"Missourians have enjoyed the constitutional right to bear
arms for nearly two centuries, and Missouri courts have zealously
protected that right," Nixon wrote.
On Wednesday, Nixon's office declined comment on the matter.
The National Rifle Association weighed in Monday, arguing in a
"friend of the court" brief that the clause Ohmer cited
in issuing the temporary injunction does not block the state
Legislature from letting Missourians carry concealed guns.
Citing the NRA's spending $3.8 million in support of 1999's
Proposition B, Newman said "the NRA doesn't have any
credibility in this issue. They just want to advance their own
cause - the proliferation of weapons."