Winning the hard way
OPPONENTS CAN'T BE FAULTED for trying to get the state's
concealed-gun law off
the books the easy way, through the actions of a friendly
court. But the best
way to win may be the hard way: in the democratic arena.
Liberals sometimes get lazy, relying on the courts instead of
getting their
hands dirty with democracy.
Take the misguided attempt to stop the California recall.
Abortion is another
example. While supporters of the abortion right take refuge in
the courts,
abortion foes chalk up victories in legislatures.
This editorial page fervently opposes the new concealed-gun
law, which
effectively lets people carry concealed guns just about
everywhere. But just
because a law is unwise doesn't make it unconstitutional.
St. Louis Circuit Judge Steven Ohmer, who issued a preliminary
injunction
suspending the law last Friday, said that the state
constitution is so clear
that a 10-year-old would understand that it bans concealed
guns. The adults on
the Missouri Supreme Court might find the issue a little more
complex.
The state constitution guarantees citizens the right to bear
arms, but states
that "this shall not justify the wearing of concealed
weapons." However, just
because the state constitution doesn't grant the power to
carry a concealed
weapon doesn't mean that the Legislature can't grant that
power.
The wording about concealed guns entered the constitution in
1875 during the
violent era of Reconstruction, when night riders terrorized
freed slaves, and
Jesse James and his gang marauded the state. A St. Louis
judge, Thomas Gantt,
explained its purpose. He said the practice of wearing
concealed guns was
"fraught with the most incalculable evil." But then
he added that the words did
not prevent people from putting a "pistol in the pocket
or a bowie knife under
the belt."
The most logical explanation is that the Legislature wanted to
ensure the
constitutionality of a concealed-gun law it had passed the
year before to deal
with the James gang. Judge Gantt seemed to say exactly that
when he said the
wording was needed because another state's concealed-gun law
had been thrown
out.
Attorney General Jay Nixon points out that no one ever has
argued that it was
unconstitutional to allow police and prison guards to carry
concealed guns. Nor
did gun opponents or the governor bring up the provision
during the legislative
debate.
Three gun opponents who posted a $250,000 appeal bond —
attorney Burt Newman,
St. Louis Alderman Lyda Krewson and Million Mom March leader
Jeanne Kirkton —
have shown admirable ardor. Ms. Krewson, who saw her husband
shot to death in
1995, even mortgaged her house. If they lose, gun foes will
need that passion
to pass an initiative to change the constitution and ban
concealed guns once
and for all. |
