Judge continues order
against concealed guns
By Tim
Bryant
Post-Dispatch
11/07/2003
A St. Louis judge ruled today that Missouri's concealed gun law
violates the state constitution and ordered that that new statute remain
unimplemented.
The ruling by Circuit Judge Steven Ohmer clears the way for the Missouri
Supreme Court to consider the matter. Ohmer issued a permanent
injunction against the law's enforcement.
Attorney General Jay Nixon immediately appealed the ruling.
"We will be asking the Missouri Supreme Court to expedite this
matter so we can have a full and final decision on this important public
policy issue," Nixon said in a statement. He declined an interview
request.
The law had been scheduled to go into effect Oct. 11. The day before,
Ohmer granted a preliminary order to make the law ineffective.
Ohmer heard testimony during two hearings last month in a case filed by
10 plaintiffs--including several St. Louis-area officeholders--to stop
the law from taking effect.
"Today's ruling will help protect the people of this state who
voted against conceal and carry in 1999," said Gov. Bob Holden,
noting the law would have allowed concealed guns in places such as
schools, hospitals and day care centers.
"I think he made the right decision. That's the reason I vetoed it.
I didn't think it was constitutional."
An attorney for the National Rifle Association, which intervened in the
case, said the constitutional provision is not meant as a prohibition
against concealed guns. Attorney Stephen Halbrook noted there are
already exemptions -- police can carry concealed guns, residents can
conceal them in their homes.
"Ever since Missouri has been a state, the Legislature has decided
when and where to either allow or prohibit concealed weapons,"
Halbrook said. "We will vigorously pursue this on appeal. You
haven't seen the last of us."
Burton Newman, a lawyer for opponents of the concealed weapons measure,
expected the ruling to go to the state Supreme Court.
"Our ultimate goal has always been a determination with the
Missouri Supreme Court that conceal and carry is unconstitutional,"
Newman said.
Rep. Larry Crawford, R-Centerton, the House sponsor of the concealed
weapons bill, said the ruling was no surprise.
"This is what I expected and what we supporters of this bill
expected," Crawford said. "We knew that it was going to the
Supreme Court either way. Now I'm confident it will be appealed by the
attorney general and the other attorneys involved to the Supreme Court,
where we intend to prevail."
The Legislature passed the law on Sept. 11 by overriding Holden's veto.
The law allows Missourians age 23 and older who pay $100 and pass a
criminal background check and a training course to get permits from
their county sheriffs to carry concealed guns. It also allows anyone 21
or older to conceal a legally owned gun in a vehicle without a permit.
Opponents sued on claims the law violates a state constitution provision
dating to 1875 that guarantees the right to bear arms and adds "but
this shall not justify the wearing of concealed weapons."
The Associated Press contributed information for this story.