Missouri Supreme Court Upholds Constitutionality of Concealed Carry Law

KMBZ | Thursday, February 26, 2004

[TeleStraightShooter]

IMHO, the Missouri Supremes just Bitch Slapped the trial court that imposed the injuction with a in-your-face grammar lesson!

"The words of the last clause are plain and unambiguous. Read in proper grammatical context, and giving the words their common usage, this clause does not prohibit wearing concealed weapons."

ROTFLOL!

[Conservababe]

I just talked to the sheriff's office here in Cape Girardeau County and he says that they have no idea what it means yet.

[TroutStalker]

The localities will still make money from the fees involved, afterall money is fungible.

What this means is that residents from the rest of the state will be able to carry in the four counties while the locals won't be allowed. Once the locals there figure out that the out of towners are carrying, while they lose money by not issuing, they will change their opposition.

[Luke Skyfreeper]

By my understanding (which I believe is accurate), it simply means that those 4 counties can't be forced to issue permits if they don't want to; and other counties that don't want to may also be able to get out of issuing permits, they just have to first prove in court that it's costing them money.

Now here are the facts:

1) It's not really going to cost ANY county any money; those counties that issue permits will MAKE MONEY ON EVERY PERMIT THEY ISSUE. So it's doubtful many counties will follow the example of the larger ones in question.

2) The legislation to FIX the funding issue is ALREADY DRAFTED AND WILL BE FILED BY CLOSE OF BUSINESS TODAY.

As far as permits issued either elsewhere in the state or even out of state are concerned - those will be honored statewide; CCW with a permit (and permit-free car carry, too) will now be legal, and the counties that do not issue permits do not have the authority to refuse to honor permits from the counties that do.

[Luke Skyfreeper]

By my understanding (which I believe is accurate), it simply means that those 4 counties can't be forced to issue permits if they don't want to; and other counties that don't want to may also be able to get out of issuing permits, they just have to first prove in court that it's costing them money.

Now here are the facts:

1) It's not really going to cost ANY county any money; those counties that issue permits will MAKE MONEY ON EVERY PERMIT THEY ISSUE. So it's doubtful many counties will follow the example of the larger ones in question.

2) The legislation to FIX the funding issue is ALREADY DRAFTED AND WILL BE FILED BY CLOSE OF BUSINESS TODAY.

As far as permits issued either elsewhere in the state or even out of state are concerned - those will be honored statewide; CCW with a permit (and permit-free car carry, too) will now be legal, and the counties that do not issue permits do not have the authority to refuse to honor permits from the counties that do.

[KC Burke]

It means that down in Cape' they won't be issuing any.

Also Sedalia, the Jackson County part of KC, Camdenton area of the Lake of the Ozarks and environs.

As the leftists get the idea, they will try to get county sheriffs and county legislators to claim that they have a similar "unfunded" excess cost and will try to collect concrete proof. Then they will file again, and again on a state-wide basis. At that new challenge, the court has said that they will only prohibit it on a county by county basis and only for counties with concrete presentations of the unfunded cost over-run.

[TYVets]

"What this means is that residents from the rest of the state will be able to carry in the four counties while the locals won't be allowed."

For me, as an outstate resident the two places that concealed carry is most needed for self defense are the Kansas City and the St Louis metro areas.

If I lived in the four counties named, the phone, fax, email and snail mail lines would be on fire contacting my state senator and representative!

[Luke Skyfreeper]

Interesting stuff: Sounds like the legislature clearly screwed up in not providing funding for the various activities (background checks, fingerprinting, etc.) required under the act, but the law prohibits local governments from enacting new fees to pay these expenses without voter approval.

No. They provided plenty of funding. They only screwed up in the wording (and only very slightly at that), by failing to quite specifically specify that it was "the permit money left over after the expenses" instead of "the permit money" that was to be spent only on equipment and training.

The antis successfully got this small mistake in wording interpreted to be a prohibition against applying money submitted for the permits to expenses of processing the permits.

This in spite of the fact that in the very next paragraph, which authorizes county sheriffs to farm out the processing of permits to city police chiefs, it was explicitly stated that the police chiefs were to deduct all expenses required for processing the permits.

[KC Burke]

Notice who the dissenting Judge was? Ol' Ronnie White, for whom, Ashcroft took such grief for shooting down as a Clinton's nominee. Got a floor vote though, as I recall.

[TroutStalker]

Looks like old Ronnie White got shot down again. That isn't hate speech is it?

[KC Burke]

The Court's ruling says: The state is enjoined from enforcing the act in these four counties, but only to the extent it constitutes an unfunded mandate imposed on these counties.

I take that to mean that the "extent" refered to is the issuing of the permit. The permited carry appears to be legal state wide once issued by any issuing county.

If you get a permit then, in Nodaway and you come to visit the Jackson county part of KC, the car-jackers will have to step more carefully.

[TroutStalker]

I agree with your take on it. And the law also means that as soon as I cross the state line, I can pop a magazine into the .45 and put it in the console, glove box or under the seat.

[TYVets]

The carjackers may want to shift their areas of opportunity to safer locations..... Illinois or Kansas.

[TroutStalker]

We're working on it here in Kansas, and appreciate any support you can give us.

[Luke Skyfreeper]

[Shooter 2.5]

Good news and congratulations. With four dems and three Republicans I thought we were going to lose this one.

[heckler]

Congrats to all from MO., I ache with envy. Maybe soon the sun will shine in KS.

[KC Burke]

And the law also means that as soon as I cross the state line, I can pop a magazine into the .45 and put it in the console, glove box or under the seat.

But don't you have to have the permit first? I thought the wording of that portion of the decision meant that those locations were the same as on your person....not that they were outside of permit restrictions.

I guess I will have to read the original statute.

[familyofman]

Just more from "activist" judges, I guess.

[RetiredArmy]

Send those justices an autographed picture of Charleston Heston holding the rifle above his head shouting "from my cold dead hand!" Woooohoooo! Go MO!