Another whining article from the Post Dispatch
http://www.stltoday.com/stltoday/ne...uri+sorts+out+law,+some+get+permits+elsewhere
While Missouri sorts out law, some get permits elsewhere
By Terry Ganey
Jefferson City Bureau Chief
02/28/2004
JEFFERSON CITY - For the past several days, Vicky McCloskey, a secretary for the sheriff's department in Pennsylvania's Centre County, has been processing applications for concealed weapons permits from Missouri residents.
For a $20 fee, a copy of a drivers license and a filled-out form, Missouri residents can get a Pennsylvania concealed weapons permit if they pass a criminal background check, according to McCloskey.
"We've been sort of bombarded from Missouri," McCloskey said in a telephone interview. "They want a permit from our state."
One of the provisions of Missouri's new concealed weapons law allows people to carry hidden guns in Missouri if they have "a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state."
Some concealed weapons proponents in Missouri are applying for permits from other states in order to carry guns in Missouri while sheriffs and legal experts try to sort out the impact of a decision last week by the Missouri Supreme Court.
The court upheld the constitutionality of the state's concealed weapons law on Thursday, but found fault with its funding mechanism. Until the Legislature repairs that mechanism, Attorney General Jay Nixon has asked county sheriffs around the state to hold off issuing permits.
A bizarre byproduct of the Supreme Court decision is that while there are still unanswered questions about Missouri's permit process, people with permits issued elsewhere - including states where no weapons training is required - would be allowed to carry hidden guns.
Just when that would go into effect is open to legal interpretation. But given all the uncertainties with Missouri's permit law, it appears people licensed in other states will be able to carry guns in Missouri sooner than Missouri-licensed residents.
Meanwhile, Nixon and the law's original sponsor say what's needed to resolve the court's concern about funding is clarification of how county sheriffs may spend the $100 fee that applicants must pay for a permit. The law said sheriffs must use the money for "training and equipment."
However, there are other costs for processing permit applications - fingerprinting for example - that were not covered by the law. Failing to cover those expenses violates the state constitution's revenue lid known as the Hancock Amendment, the court said.
State Rep. Larry Crawford, R-California, the sponsor of the concealed weapons law, has filed a bill that makes a correction. It would say sheriffs can spend the fee for equipment, training "and any reasonable expenses related to accepting and processing" applications for permits.
Crawford's fix seems simple enough, but the concealed weapons issue has vexed the Legislature for more than a decade. The last time it was approved, votes were forced in both the House and Senate, and eventually lawmakers had to override Gov. Bob Holden's veto.
Crawford said that if lawmakers focus only on the fact that his bill is a funding correction and not a part of the controversial concealed weapons law, there should be no problem getting it approved quickly.
"It's an election year," Crawford said. "It's tough to do a lot of things in an election year. But I think it's clear that a two-thirds' majority of the General Assembly overrode a governor's veto. That's a strong message about how strongly we feel about the protection of conceal and carry."
Cloudy issues
In an attempt to clarify the law, the Missouri Sheriff's Association on Friday distributed a memo to sheriffs around the state that seemed to add to the confusion.
The memo told sheriffs they could not charge the entire $100 fee that is contained in the law, but that they had to calculate a fee equal to their costs for "training and equipment."
"Each sheriff's office is going to have to calculate these training and equipment charges before applications can be accepted," said Jim Vermeersch, general counsel for the Missouri Sheriff's Association. "This will take some time."
Vermeersch advised sheriffs to prepare to accept applications, but that to wait until their fee amounts are calculated. This raises the prospect that the fees could vary from county to county.
"This delay is beneficial because it will allow the courts, the attorney general or the Legislature to fix the funding problems in the statute," Vermeersch added.
He also pointed out that the fee is not refundable once it is received by the sheriffs.
"So it may not be in anyone's best interest to begin the application process and pay the 'nonrefundable fee' because an injunction may be applied in every county before the permit can be issued," Vermeersch said.
Because of the Supreme Court's opinion on the Hancock Amendment, opponents to the gun law have threatened to file lawsuits around the state challenging any sheriff's funding mechanism that does not meet the court's test.
Kevin Jamison, the president of the Western Missouri Shooters Alliance, said such delays create an irony. He said suits could be filed in all 114 counties and the city of St. Louis, shutting down the issuing of licenses in the entire state.
"But you can send 20 bucks off to Pennsylvania and people can get a license without taking a safety course and not being oriented on the Missouri law and cheating sheriffs out of the money," Jamison said.
Jamison, who lives in the Kansas City suburb of Gladstone, has done just that. Two weeks ago he sent $20, a copy of his drivers license and a completed form to the sheriff's office in Bellefonte, Pa. He said he's yet to get his concealed weapons permit, but that he knew of others who had.
Jamison said a Missouri resident could do the same thing in Florida but that the fee was $117. Opponents of the Missouri law say the ability to carry a gun in Missouri with a license issued by another state is one of its glaring loopholes.
"We have issued a lot of them to Missouri," said McCloskey, the secretary in the Centre County sheriff's department. She said she did not know how many, but that demand had become so great that the turnaround time had become four weeks.
Not counting Missouri, 35 states have "right-to-carry" laws, which give a state agency or the county sheriff the power to issue concealed gun permits. Nine states have a "may issue" law, which gives law enforcement some discretion in issuing permits.
The law the Missouri Legislature enacted over Holden's veto requires county sheriffs to issue concealed weapons permits to people at least 23 years old who have passed a criminal background check and completed handgun safety training. Missouri voters defeated a similar provision in a statewide referendum in 1999.
The new Missouri law also allows people who are 21 and older to carry handguns in the glove compartments of their cars without a permit. That provision, like the one involving out-of-state permits, apparently goes into effect without any more judicial scrutiny.
Nixon, the attorney general, said he believed those parts of the law became effective when the Supreme Court on Thursday dissolved the injunction that had been issued in October by St. Louis Circuit Judge Steve Ohmer against enforcement of the law. Jamison, who is a lawyer, said Supreme Court decisions are effective 15 days after they are issued to give parties time to file for reconsideration.
Jamison said he believed Nixon's interpretation was correct, "but it would be a terrible thing to be the last person charged carrying concealed in your car."
Reporter Terry Ganey
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