MO: Challenge to LTC law forthcoming?

[Gray Peterson]

I'm hearing rumors from some other boards that there is going to be a lawsuit filed against the new LTC law, trying to strike it down due to the Missouri RKBA provision, claiming that it prevents concealed carry from ever being legalized by the Missouri Legislature.

Granted, rumors are just that, rumors, but listening to the floor debate, Senator Ken Jacob, the minority leader and ardent opponent of LTC, said that the law may be unconstitutional for the reason I named above.

Granted, they're misreading the Missouri constitution. I would say that it was there to prevent people from using the constitution to guarantee themselves the right to carry concealed weapons, not prohibit CCW from ever being legalized by the Legislature's perogitive.

John Ross, anyone in Missouri been hearing the same rumors?

 

[AZRickD]

http://www.moga.state.mo.us/const/a01023.htm

Right to keep and bear arms--exception.

Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.
Source: Const. of 1875, Art. II, § 17.

All the word "justified" means is that carrying concealed isn't specifically protected by the Missouri Constitution. It doesn't say, "The Legislature shall pass no Law allowing concealed carry of weapons."

And if the antis want to get that literal (well, not really literal, but you get my drift), then open carry without a permit is quite legal and no state preemption is needed.

Rick

 

[Standing Wolf]

I'd be surprised if leftist extremist assault lawyers aren't working on law suits already: they can't win in legislatures, so they try their luck with the leftist extremist judicial oligarchy.

By the way, has the oft-promised "blood bath" started yet?

 

[Gray Peterson]

The only blood bath that may occur in Missouri is the blood running on the street of the local St. Louis gangbangers. St. Louis, as many of you folks well know, is a very violent city. A few years ago, I think a family drove down the wrong street, was surrounded by a bunch of gangbanging thugs, and they all were shot to death (I have no idea if this is urban legend, again, I disclaim it because it was a rumor).

 

[clange]

Actually, the car got away, but they were shot to hell as they were backing up trying to get away. There were deaths, but not everyone in the car.

 

[John Ross]

"Granted, they're misreading the Missouri constitution. I would say that it was there to prevent people from using the constitution to guarantee themselves the right to carry concealed weapons, not prohibit CCW from ever being legalized by the Legislature's perogitive."

Lonnie, you have nailed the relevant legal facts of the issue.

Ken Jacob, the one making these bleatings, is a Socialist representing the college district of Columbia, Missouri, home of Mizzou.

I haven't kept up with what he's done in other areas over the last five years or so, but around 1997, when some people were worried he'd get some onerous measure passed out of committee, the Majority Leader took us aside and said "Quit worrying. Kenny Jacob couldn't pass gas."

If I were Ken, I'd demand the law school give me a refund.

One of the reasons Gibbons switched and voted for override was because he realized that what I (and others) have been telling every legislator since 1992 was true: The Right-To-Carry issue in Missouri was not ever going to go away. EVER. It was only going to get stronger, and gain supporters, and eventually steamroll every opponent that got in its way, just as the freedom marchers couldn't be stopped with German Shepherds and water cannons forty years earlier.

History always repeats itself (I say that a lot.) What you are seeing now from people like Kenny is the same thing you saw from the Klan immediately after passage of the Civil Right Act 40 years ago. I have a photo my dad took of the front page of a Denver newspaper in March of 1964 where the headline reads

KLAN PLANS ALL-WHITE CITY TO COUNTER RIGHTS ACT

Yeah, right.

My prediction is that the CCW issuers may take a little while to get their administrative procedures organized, but there won't be any other problems.

Kenny and his ilk are becoming less relevant each day.

JR

 

[jimpeel]

The only blood bath that may occur in Missouri is the blood running on the street of the local St. Louis gangbangers. St. Louis, as many of you folks well know, is a very violent city. A few years ago, I think a family drove down the wrong street, was surrounded by a bunch of gangbanging thugs, and they all were shot to death (I have no idea if this is urban legend, again, I disclaim it because it was a rumor).

Happened in Los Angeles. A family got off the freeway and turned down the wrong street trying to get back on. The gangsters on that block saw the car and thought it was a rival gang so they opened fire killing the daughter and wounding the mom and dad. I believe there was one other child in the car but s/he was not wounded. After all of the cluck-clucking and hubbub died down, life returned to normal and the gangsters started killing each other again.