| DAVID A. LIEB - Associated
Press
JEFFERSON CITY, Mo. - State Rep. Larry
Crawford was allowed Monday to intervene in a lawsuit challenging a
concealed guns permit he received under a new law he helped write.
Crawford, who was not named as a
defendant in the Moniteau County lawsuit, sought to inject himself into
the case to defend his right to carry a concealed weapon. A judge agreed
to add Crawford to the case during a hearing in California, Mo.
"I'm really doing this for all
Missourians," said Crawford, R-California, whose legal representation
is being provided by the National Rifle Association. "To me, this is
sort of a civil rights lawsuit."
The lawsuit by concealed gun opponents
seeks to revoke the permit issued to Crawford - or anyone else - by
Sheriff Kenny Jones on grounds that it violated the so-called Hancock
Amendment to the Missouri Constitution.
The case is a follow up to a Feb. 26
state Supreme Court ruling that upheld the general legality of concealed
guns but faulted the funding mechanism for potentially imposing new duties
on sheriffs without meeting all the costs - making it an unconstitutional,
unfunded mandate.
The latest lawsuit contends that by
processing and issuing Crawford's permit, the sheriff incurred new costs
that had to be covered by taxpayer funds. The lawsuit also claims the
constitution requires a state appropriation to cover the new costs - not a
local fee of up to $100 as authorized by the law.
Because the lawsuit seeks to
"declare null and void" any permits already issued, Crawford
claimed he had a "property interest" in the outcome, which is
why he was added to the case.
"We don't think he has a proper
permit in the first place," said Richard Miller, a Kansas City
attorney who filed the lawsuit.
Also Monday, the judge authorized the
Moniteau County prosecutor to file parts of his lawsuit reply in secret,
because of a provision in the concealed guns law making it illegal to
identify recipients of concealed gun permits.
Crawford, however, has publicly stated
he received a permit - even displaying it at the Capitol.
The Supreme Court ruling has resulted in
a hodgepodge of concealed gun availability, with some sheriffs taking
applications but others waiting because of the funding concerns.
As of Monday, the Missouri State Highway
Patrol reported receiving 2,137 fingerprint background check requests from
concealed gun applicants in 35 of the state's 114 counties and the city of
St. Louis. St. Charles County led with 257 fingerprint applications,
followed by Greene County with 219.
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