Judge Rejects Second Challenge to Concealed Weapons Law

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Jeff White

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Finally some good news
http://www.kmox.com/news/article.php?id=11757

Judge Rejects Second Challenge to Concealed Weapons Law December 18, 2003 Opponents Claimed Law Violates Unfunded Mandate Provision By CHERYL WITTENAUER
Associated Press Writer
ST. LOUIS (AP) __ A St. Louis judge on Thursday turned down a second challenge to Missouri's concealed weapons law, this one over whether it violates a state provision against unfunded mandates.

Circuit Judge Steven Ohmer said he saw no reason to delay an appeal of his November decision that the law violates the state constitution. The Missouri Supreme Court is to hear the appeal Jan. 22.

St. Louis attorney Burt Newman, representing opponents of the concealed weapons law, argued Thursday that the law also violates the Hancock Amendment because it requires county sheriffs to process applications for concealed weapons permits without providing funding for those duties.

A lawyer for the state attorney general's office said those claims were without merit.

On Nov. 7, Ohmer granted an injunction against enacting the law, citing a clause in the state constitution declaring that the right to bear arms ``shall not justify the wearing of concealed weapons.''

But Ohmer's earlier ruling found no violation of the state's Hancock Amendment, which, among other things, forbids the passage of laws without means to fund them. But he agreed to reconsider the Hancock Amendment question, resulting in Thursday's hearing.

The law does require a $100 processing fee that proponents say covers the costs. Newman disagreed, saying the fee was inadequate.

The concealed weapons law was adopted Sept. 11 after the Legislature narrowly overrode Gov. Bob Holden's veto. The law allows Missourians age 23 and older who pay $100 and pass background checks and a training course to receive a permit from their county sheriff to carry concealed guns. It also allows anyone age 21 or older to conceal a gun in a vehicle without need of a permit.

(Copyright 2003 by The Associated Press. All Rights Reserved.)
 
The plaintiffs also requested that the $250,000 bond be released.
The judge denied that too.

Methinks the opposition becometh afeard.
 
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