| THE Tim Oliver's Learn To Carry |
| Update 8 June,2004 |
| LTC NEWS UPDATE-ST. LOUIS CO. LAWSUIT 6/8/04 |
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FOR WIDEST POSSIBLE DISTRIBUTION
I attended the Hearing in Div. 1 of Cole County Circuit Court held before Judge Brown today. The St. Louis Co. lawsuit had been filed in super-stealth mode on 3/22/04 in Cole Co. (For proper venue.) I had been told of the suit by friends in the Capitol a few days later. Amazingly, the filing of this suit had not made the press. Normally, you have thirty days after Service is accomplished to file an Answer to any suit. If you do not answer, the Plaintiff can take a Default Judgment (you lose because you failed to answer). When it got to be April 23, and the AG's Office had not filed an Answer, I got a *little* worried and drove to Jefferson City to pick up a copy of the Plaintiff's Original Petition For Declaratory Judgment. (See the News & Information page of the web site to read the actual filings and responses.) This argument was a bit different than we had seen before. Because the $100 fee can *only* go to the Sheriff's Revolving Fund, and as the St. Louis Co. Police Department handles all the powers and duties of the Sheriff, and they *say* the St. Louis Co. PD cannot be reimbursed by the Revolving Fund, they thus have a Hancock problem. (In reality, money is moved from one account to another with some regularity in county government.)
I talked to a source at the AG's Office and found they did file an Answer and Motion to Dismiss on April 26, 2004. I received a copy and forwarded same to the Legal Team. Everybody agreed the AG's Office had once again done exemplary legal work, and we would not need to Intervene at this time. A Hearing was set for June 8, 2004 to hear oral arguments on the AG's Motion to Dismiss.
Rising early this morning, a fellow LTC Activist and friend, R.N. Dick Grey, and I drove to Jefferson City expecting the Hearing to take place and hoping that the lawsuit would be dismissed. When we got to Judge Brown's Court, the lawyers were packed in like sardines in a sardine can. Something was not right. Normally, when you are a 1st setting on a judge's docket (schedule), you can expect to have your case heard first thing. The number of attorneys there said, that was not going to happen. When the case was called, the attorneys for St. Louis Co. had not gotten around to filling their Answer to the AG's Motion to Dismiss until June 7, 2004. Judge Brown had not had time to read and consider both Motions, so he took the Motion to Dismiss under advisement (meaning he wants to think about it for a while). This most likely means it will be two weeks or more before there is a ruling on the AG's Motion to Dismiss.
Commentary
On the way back, I was trying to figure out why the Plaintiffs (St. Louis Co.) would want a delay in a case that, *if* they won (and that is an xxl size *if*), would have the LTC Law Declared unconstitutional. Every day, more applications are made and more LTC Permits are issued. The more Permits that are issued, the harder it would be for "them" to win and to unwind the process. I was asked a few weeks ago what I thought the chances were of the lawsuits stopping the issuance of LTC Permits and getting them taken back from the people who had them. I said, "I would have a better chance of piloting the Space Shuttle than that happening. First, I'm a pilot and a glider pilot. Second by some strange quirk, the 1 million or so pilots who are more qualified than me *could* get sick or die. I would then have to fly the rescue mission to the space station to bring the astronauts home." There is a much better chance of that happening than the issuance of LTC Permits being stopped and the permits issued, taken back from the citizens that have them. So, why stall now? Our opponents *think* it is in their best interests to have the lawsuit heard closer to the election. They *think* it will help them win. They are wrong!
94 Counties Now Accepting Application and More Scheduled To Start Soon
Please see the map at http://www.LearnToCarry.com
Those 19 counties and the City of St. Louis are looking mighty lonely. They are outnumbered and surrounded. They are delaying citizens of their ability to defend themselves from harm by the political self interest of some sheriffs and local officials. Attorney General Jay Nixon said LTC is the law in Missouri. Martin Luther King said, "Justice delayed is Justice denied." I *think* the citizens of those counties will remember this in November, and vote accordingly. Though not yet posted on the map, even the counties surrounding Jackson Co., Clay and Platte Co. have announced they will be starting to take applications in the next 70 days.
To date, 7,514 Missouri LTC applicants have had fingerprints submitted to the Missouri Highway Patrol Criminal Records Division, and this number does not include those lawfully carrying in Missouri on out-of-state permits. My best estimate of the total number of people with permits in the State: 10,000+. Trust me, nearly every one will be voting in the upcoming elections.
In Other News
No Guns=No Money Cards At Kinkos
The "No Guns=No Money" cards are available for free and can be downloaded from the web site. Help end "Holster Discrimination" by leaving one everywhere you see a "no weapons" sign. For those who are computer challenged, every Kinkos in Missouri has the cards, and will print you a batch for about $2.50/sheet of 12. So far, every single place I have left a card, the signs have come down!
Gun Rights Victory Raffle June 19, 2004
Much like the United States after every war, we have some war debt to retire. Our Legal Team fought and won a brilliant legal battle to make License To Carry the law in Missouri. They have been patient while we raise money. Now is your chance to help *own* part of that victory. The Gun Rights Victory Raffle is being held in St. Louis on June 19th, with a number of neat carry guns and courses being donated by those fighting the good fight. Tickets are $5 each, or five for $20, and are available at gun shows and via the internet from GLCA, WMSA, and MPS (you can find a link to a raffle page on our web site on the News & Information page). 100% of funds collected go to pay for the Legal Team's cost and fees to win this fight.
Courses
Learn To Carry, LLC Courses held our first Advanced Level 1, CCW Course at Ozark Shooters over Memorial Day Weekend. The students who participated learned the advanced skills and tactics practiced in defensive pistolcraft. Skills such as drawing safely and smoothly from concealment, use of cover and movement and simulated real life scenarios were employed to help learn the fundamentals of self defense with a pistol. There are both Learn To Carry Basic and Advanced CCW Courses scheduled in mid Missouri and southwest Missouri throughout the summer, see the web site for scheduling details. For a student's view of the Adv. Course see:
If you received this LTC News Update via someone forwarding it to you, and would like to receive it directly to stay up on all the news and information on License To Carry in Missouri, send an email to Tim@LearnToCarry.com and ask to be put on the List.
Be Safe, Tim Oliver LearnToCarry.com |