A Question About The Mo Ccw Injunction
FW
October 14, 2003, 05:29 AM
I am not surprised a court has tried to stop the new Missouri CCW law. But the idea of the state constitution banning concealed carry is really far fetched. Since all this started, the newspapers have really gone along with this. The Kansas city star actually praised this in an editorial titled "A welcome delay for concealed guns".
What I can't figure out is why no one has suggested the state consitution bans concealed carry until now. After more than twelve years of debate, I have not read one single article from any news source suggesting this idea. Reseaching the papers now, I still can't find this.
If anyone here has heard any such idea before this law was passed, please give a reference.
Clearly this is a new idea created because they don't like the law. I wish the media would try to be just a little objective and admit this hasn't been mentioned before.
I realize this isn't the first time someone has questioned what the definition of "is" is. It seems the line is really being crossed now. I believe the precedent has already been set long before this event, but this certainly adds to the problem. Where will we end up if this kind "reasoning" is applied to everything else?
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Enigma345
October 14, 2003, 07:58 AM
Well here in Missouri our constitution does unfortunately seem to have some wording that is very dangerous to the potential CCW law.
"That the right of the citizen to keep and bear arms in defense of his home, person and porperty, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons."
As much as I'd love to see CCW in my state I suspect this wording will be more than enough for the courts to throw the law out. Luckily in Missouri we can call for a constitutional convention every 20 years so there is hope that one day we can get the wording of that changed if the courts throw out CCW.
clipse
October 14, 2003, 09:34 AM
I agree that the wording is a little scarry but I don't think that there is any merrit behind the injunction. As I am sure alot of us don't. Alot of people think this is the end of CCW for quite a while in MO. I disagree. I think that is why the Supreme Court has not listened to the appeal. They know that they would have do away with the injunction and they don't want to. That is my thought anyway.
Enigma,
You in St. Joe? I am in Savannah. :D
clipse
AJ Dual
October 14, 2003, 09:59 AM
The ammendment clearly states that it does not in of itself, authorize CCW, that is 180° from saying that it prohibits it, or any other legislative act that permits CCW.
Plain as night and day. Even liberal judges who'd like nothing better than to deep-six MO CCW, will have a very, very, tough time reading anything more into that ammendment.
Enigma345
October 14, 2003, 02:02 PM
Yeah Clipse, I'm stuck in good ol' Joetown for one more year until I finish high school at Central. Then it's time to get the heck out of town. It's good to know there's some NW Missouri folks around here. Just a side question...anywhere good to go shooting around St. Joseph. I know of one outdoor range outside town but is that all we have?
GeneS
October 14, 2003, 02:18 PM
Hey guys, I would think the liberals are making a losing bet with the state constitution thing.
North Carolina Constitution:
Sec. 30. Militia and the right to bear arms.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
We are a shall issue CCW state.
Gene
BogBabe
October 14, 2003, 02:52 PM
The judge's reading of the Mo. constitution sounds suspiciously like, "Everything that isn't mandatory is forbidden."
BowStreetRunner
October 14, 2003, 02:54 PM
Enigma,
that outdoor range outside town is very nice......i used to live in St Joe till august
my bro goes to central too, actually, both of them do
the outdoor range, redneck hill, i mean, pigeon hill, isnt too far away and best of all it is free!
bsr
Standing Wolf
October 14, 2003, 05:26 PM
I believe there was a similar problem with New Mexico's constitution, since resolved.
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