MO CCW: Judge Rules St Louis County does not have to issue permits

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Jeff White

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This decision was handed down last Friday, and the Post Dispatch only carried the story today...
http://www.stltoday.com/stltoday/ne...ument&Headline=St.+Louis+County+wins+in+court
St. Louis County wins in court
By Heather Ratcliffe
Of the Post-Dispatch
10/12/2004



St. Louis County does not have to issue concealed gun permits a judge has ruled in sustaining its claim that the enabling law is an unfunded mandate that violates the Hancock Amendment.

Cole County Circuit Judge Thomas J. Brown made the ruling Friday in Jefferson City.

County Executive Charlie A. Dooley lauded the decision in a press conference, saying, "This is a great victory for our community and the law enforcement in St. Louis County."

Officials said processing each application would cost county taxpayers $71 more than the law allows to be charged.

"It would put a financial strain on the county Police Department," said county Police Chief Jerry Lee.

The Missouri Supreme Court ruled in February that the law allowing people with permits to carry concealed firearms was constitutional but that counties did not have to comply if they could show their costs were not covered.

Some sheriffs - including those in St. Charles, Jefferson and Franklin counties - have already issued permits. Permits are not being issued in St. Louis, St. Louis County and Jackson County.

Leaders in the Missouri Legislature said lawmakers would most likely try to fix the funding issue next year. State Attorney General Jay Nixon said he was considering an appeal of Brown's decision.

Nixon expressed frustration Tuesday that court challenges continue to complicate the issue. "When it comes to something like concealed weapons, we don't need different rules in different jurisdictions in Missouri," Nixon said. "This would not be necessary if the Legislature had come back and done the fixes we asked them to do."

Dooley said St. Louis County officials fought the mandate on behalf of voters who overwhelmingly opposed the concealed weapon law when the issue was on the ballot in 1999.

The ruling does not affect the portion of the law that allows many drivers over the age of 21 to carry a concealed weapon in a vehicle anywhere in the state. Residents of other counties who have been issued concealed carry permits can bring their weapons into St. Louis County, Lee said.

The Associated Press contributed to this report.

Reporter Heather Ratcliffe:
E-mail: [email protected]
Phone: 314-863-2821
 
For you people in Missouri, are the fees charged by the Sheriff, Marshal, or Constable for serving civil process set by state law? If so, I think you will find that the state mandated fees do not cover the true cost of serving civil process.

Pilgrim
 
Can. Of. Worms.

All counties in Missouri issue CCW permits now. Only expections are St Louis (the City), St Louis County, Jackson County....and there's one more somewhere.

They (the sherrif) can charge up to $100 for the permit. They get fingerprints run by the Highway Patrol for a small sum. ($17-$33 depending on where you read it). The balance goes into their 'processing', which as I understand it is a driver's licence based background check. They hand you a piece of paper, and then you go to the DMV to get the CCW endorsement put on either your driver's licence or state ID card. That fee, btw, is covered by YOU, not the state. Also, keep in mind that in MO, we have to get a purchase permit from the sherriff to buy handguns. This costs $10 and also includes the very same background check as for the CCW. So.... why is that one doable for $10, but the CCW isn't doable at $100?!?!?

It's complete BS that St louis is essentially saying that it will cost them $171 to issue the permit. How come the other 98% of the state can do it for well under the $100? :fire: :barf:


Reminds me, I need to get off my duff and get my CCW before they turn around and take it away from us... :rolleyes:


Things are hopefully changing though....the elections are coming up fast, and there's going to be some big changes, me thinks...
 
Missouri does have some of the loudest whining left-wing extremist Police chiefs and mayors I have ever seen. The Govener is a the top of the food chain with St. Louis County Chief and Hazelwood chief right next to him.
Check out the forums and website www.missouricarry.com its a good site and needs THR support.
 
I think next session those of us in Missouri need to push the Legislature to "fix" the funding problem. I'm sure some lawmaker could come up with a creative way to get around this ruling.

Kamicomos - I'm taking my training class this weekend in Claycomo. :neener: I'll wave as I go by.
 
as a former st. louisian... this is total BS... the sniveling whiners in st. louis and kansas city were the only places that opposed CCW back when it was a ballot initiative.

atek3
 
I say screw'em get a florida, Utah or maine permit...they are accepted in Missouri....plus why give the money to a dept that is an anti? send it to a state that deserves the money.....that is what I am going to do.....
 
Under Wisconsin's bill, sheriffs could ask the county boards to "opt out" of the permitting process. But people could still go to counties where the sheriff was issuing and get a permit.

Do Missourians have to go to their own county's sheriff and nowhere else, or can you go to a different county?
 
Monkeyleg, they can't get permits from other counties (I think) but the Missouri law recognizes all non-resident permits from other states. So the Pennsylvania, Florida, Utah and other popular non-res permits are just as good if you live in Missouri. The Pennsylvania permit has no training requirements and costs $20, whereas the Missouri counties are allowed to charge $100!

Sigman is exactly right. If St Louis County wants to set fire to a pile of $100 bills, that's an issue for the voters. I'd definitely make an issue of it next time the sheriff is up for re-election, but the fact is that SLC has made NO impact whatsoever on the number of people who will carry in the county with permits. They'll just pay Pennsylvania $20 instead of paying the county up to $100 and carry anyway.

That county is run by political zealots who can't count, but they lost months ago. This was just to decide exactly how infantile they're going to be allowed to be about it losing.
:rolleyes:
 
ponyexpress : Have fun at Clayco! I've been working a ton of overtime on the weekends, and just haven't been able to squeeze in the class yet. (Was barley able to work Bob's THR Shoot into the schedule)
Do they post a schedule there at the range?


monkeyleg : As I understand it, yes you can only get a permit from your county of residence, and you have to be a resident for at least 6 months. Another reason I've been waiting...I just moved to my county (Cass) last fall from Clay and they were one of the last in the Metro area to start issuing permits (earlier this year). So I'm giving them time to get the bugs (and potential bad attitudes) worked out. So another BS part of this law is that some counties residents have to get out of state permits in order to carry in their county, can't even get their own state's permit! I read an article that Jackson County has a very rough estimate that 3800 people are holding OOS permits. There was $380,000 (not to mention the training fees) that could have been used in state, but instead....it's gone, out of state. Kinda like outsourcing, eh?

As a personal note, I am going to get my MO permit, even though an out of state would be cheaper and I could have had one by now. But, I want to add to the numbers of MO permit holders...show Team Spirit and all that. We still have a lot of work to do on this law. It's not a very good one, still very restrictive and too expensive...but better than the nothing we had for 130+ years!!
 
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