Gray Peterson
Member
Group prepares lawsuit challenging conceal and carry law
10:39 PM CDT on Friday, October 3, 2003 Reporter: Mike O'Connell, News 4 (KMOV) --
The future of concealed guns in Missouri could come down to the interpretation of 10 words. Those 10 words were inserted into the Missouri constitution 128 years ago. The fight over concealed guns in Missouri went from defeat at the ballot box is 1999 to victory in the legislature's veto session in September, but now the battle may be headed to the Missouri Supreme Court. "I think the people who are challenging this on the merits have a very good case. And, in fact, if you had to ask me, I think the Supreme Court of Missouri will through the law out," News 4 has learned a small group of handgun control advocates is preparing a constitutional challenge to the conceal and carry law.
The legal case is based on a portion of the Missouri constitution adopted in 1875 that deals with the right to keep arms. In Article 1, Bill of Rights Section 23, the constitution reads, "...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." Attorney Bevis Schock isn't a party to the potential lawsuit, but he specializes in constitutional cases. "So, it comes down to what does the word justify mean?" Schock said.
John Wolf of the Gateway Civil Liberties Alliance has been working to legalize concealed guns in Missouri since 1994. He said that he sees no ban in the constitution. He said in his mind, this is not something for the courts to decide. "It has been decided legislatively, they may not like the way it went down, they may not like the fact that the governor had his veto overridden, but that's the breaks," Wolf said. But concealed gun opponent Terry Barber is hopeful about a legal challenge. "I would applaud any effort to stop the bill, any legal effort to stop the bill would be excellent," Barber said. Schock, a Libertarian, would like to see concealed guns legalized, but he's not hopeful the law will be upheld. "I'm basing that on the language and, quite honestly, on the makeup of the court.
There are four left wing Democrats and three right wing Republicans," he said. A small group of handgun control advocates is secretly preparing this lawsuit. It likely would be filed in Cole County Circuit Court in Jefferson City the day the law goes into effect. It would probably then go from that court to the Missouri Supreme Court. The law takes effect on October 11, which is a Saturday. Monday, October 13, is Columbus Day -- a holiday. The lawsuit most likely would be filed on Tuesday, October 14.
I am beyond livid. And they could win too!!! >.<
10:39 PM CDT on Friday, October 3, 2003 Reporter: Mike O'Connell, News 4 (KMOV) --
The future of concealed guns in Missouri could come down to the interpretation of 10 words. Those 10 words were inserted into the Missouri constitution 128 years ago. The fight over concealed guns in Missouri went from defeat at the ballot box is 1999 to victory in the legislature's veto session in September, but now the battle may be headed to the Missouri Supreme Court. "I think the people who are challenging this on the merits have a very good case. And, in fact, if you had to ask me, I think the Supreme Court of Missouri will through the law out," News 4 has learned a small group of handgun control advocates is preparing a constitutional challenge to the conceal and carry law.
The legal case is based on a portion of the Missouri constitution adopted in 1875 that deals with the right to keep arms. In Article 1, Bill of Rights Section 23, the constitution reads, "...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." Attorney Bevis Schock isn't a party to the potential lawsuit, but he specializes in constitutional cases. "So, it comes down to what does the word justify mean?" Schock said.
John Wolf of the Gateway Civil Liberties Alliance has been working to legalize concealed guns in Missouri since 1994. He said that he sees no ban in the constitution. He said in his mind, this is not something for the courts to decide. "It has been decided legislatively, they may not like the way it went down, they may not like the fact that the governor had his veto overridden, but that's the breaks," Wolf said. But concealed gun opponent Terry Barber is hopeful about a legal challenge. "I would applaud any effort to stop the bill, any legal effort to stop the bill would be excellent," Barber said. Schock, a Libertarian, would like to see concealed guns legalized, but he's not hopeful the law will be upheld. "I'm basing that on the language and, quite honestly, on the makeup of the court.
There are four left wing Democrats and three right wing Republicans," he said. A small group of handgun control advocates is secretly preparing this lawsuit. It likely would be filed in Cole County Circuit Court in Jefferson City the day the law goes into effect. It would probably then go from that court to the Missouri Supreme Court. The law takes effect on October 11, which is a Saturday. Monday, October 13, is Columbus Day -- a holiday. The lawsuit most likely would be filed on Tuesday, October 14.
I am beyond livid. And they could win too!!! >.<
:banghead: 
