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.
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."
A spokesman for Attorney General Jay Nixon, whose office argued in favor of the law, did not immediately know if an appeal was planned. Nixon was expected to issue a statement later Friday. He has said in the past that whichever side lost would almost certainly appeal to the Missouri Supreme Court.
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.
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