Keep fighting Missouri members. Sonner or later they will run out of money and lies....Jeff
http://www.stltoday.com/stltoday/ne...penDocument&Headline=Lawyers+challenge+permit
Lawyers challenge permit
03/10/2004
By Terry Ganey
Jefferson City Bureau Chief
JEFFERSON CITY - An attempt to make public the names of those who get permits to carry concealed weapons failed Tuesday in the state Senate.
Sen. Ken Jacob, D-Columbia, who tried to open up the records, said favoritism could play a role in who got the permits. He said it was important for everyone to know the identities of those who could be carrying a concealed handgun.
Critics have said that one of the flaws in the current concealed weapons law is that the permit records are closed.
"Citizens have a right to know when the government permits another citizen to have a permit to carry a concealed weapon," Jacob said.
Jacob offered an amendment to an open records bill that would have required county sheriffs to maintain a public list of those who have obtained permits. The amendment also would have required the sheriff to sign a sworn statement saying he had made sure that the applicants had met all the standards for training and background checks that are required before a license is issued.
But before the Senate voted on Jacob's amendment, it was changed to allow those who had obtained permits the chance to take their names off any public list. Sen. Harold Caskey, D-Butler, and the sponsor of last year's concealed weapons bill, said permit holders had a right to keep their names confidential. Most states that allow concealed weapons maintain the permits in files open to public scrutiny.
Caskey's change, which in effect negated Jacob's amendment, was adopted 22-10. The Senate also defeated Jacob's amendment 13-19.
The open records bill, which gained first-round approval Tuesday, would set the cost of copies of public documents at 10 cents a page. However, in cases in which government officials spend extra time researching and collecting documents, those requesting documents could be charged an extra search fee. The bill also would provide a system in which the attorney general's office could investigate complaints alleging that a government official is not abiding by the open records law.
Lawyers representing the plaintiffs who had challenged Missouri's concealed weapons law said they sent a complaint letter to Attorney General Jay Nixon on Tuesday about potential violations of the law.
The letter said Moniteau County Sheriff Ken Jones might have violated the law by issuing a permit to its House sponsor, state Rep. Larry Crawford, R-California. The letter said there hadn't been enough time for the sheriff to complete a full background check on Crawford's application. The letter also said that the Missouri Supreme Court's decision that upheld parts of the law had not yet become final.
"On this basis alone, Sheriff Jones' actions should be investigated," said the letter, which was signed by Richard Miller of Kansas City and Burton Newman, who is based in Clayton. A spokesman for Nixon's office said late Tuesday that the letter had not yet been received.
In an interview, Crawford said sheriffs had the discretion to issue permits before the background checks were completed to those the sheriffs knew to be law-abiding citizens. He said the sheriff could not issue a permit to someone who has not completed the law's training requirements.
However, Miller said there was no discretion on the background checks.
"That's absolutely wrong under the law," Miller said. "He's the one who wrote it and he ought to know."
The open records bill is SB1020.
Reporter Terry Ganey
E-mail: [email protected]
Phone: 573-635-6178
http://www.stltoday.com/stltoday/ne...penDocument&Headline=Lawyers+challenge+permit
Lawyers challenge permit
03/10/2004
By Terry Ganey
Jefferson City Bureau Chief
JEFFERSON CITY - An attempt to make public the names of those who get permits to carry concealed weapons failed Tuesday in the state Senate.
Sen. Ken Jacob, D-Columbia, who tried to open up the records, said favoritism could play a role in who got the permits. He said it was important for everyone to know the identities of those who could be carrying a concealed handgun.
Critics have said that one of the flaws in the current concealed weapons law is that the permit records are closed.
"Citizens have a right to know when the government permits another citizen to have a permit to carry a concealed weapon," Jacob said.
Jacob offered an amendment to an open records bill that would have required county sheriffs to maintain a public list of those who have obtained permits. The amendment also would have required the sheriff to sign a sworn statement saying he had made sure that the applicants had met all the standards for training and background checks that are required before a license is issued.
But before the Senate voted on Jacob's amendment, it was changed to allow those who had obtained permits the chance to take their names off any public list. Sen. Harold Caskey, D-Butler, and the sponsor of last year's concealed weapons bill, said permit holders had a right to keep their names confidential. Most states that allow concealed weapons maintain the permits in files open to public scrutiny.
Caskey's change, which in effect negated Jacob's amendment, was adopted 22-10. The Senate also defeated Jacob's amendment 13-19.
The open records bill, which gained first-round approval Tuesday, would set the cost of copies of public documents at 10 cents a page. However, in cases in which government officials spend extra time researching and collecting documents, those requesting documents could be charged an extra search fee. The bill also would provide a system in which the attorney general's office could investigate complaints alleging that a government official is not abiding by the open records law.
Lawyers representing the plaintiffs who had challenged Missouri's concealed weapons law said they sent a complaint letter to Attorney General Jay Nixon on Tuesday about potential violations of the law.
The letter said Moniteau County Sheriff Ken Jones might have violated the law by issuing a permit to its House sponsor, state Rep. Larry Crawford, R-California. The letter said there hadn't been enough time for the sheriff to complete a full background check on Crawford's application. The letter also said that the Missouri Supreme Court's decision that upheld parts of the law had not yet become final.
"On this basis alone, Sheriff Jones' actions should be investigated," said the letter, which was signed by Richard Miller of Kansas City and Burton Newman, who is based in Clayton. A spokesman for Nixon's office said late Tuesday that the letter had not yet been received.
In an interview, Crawford said sheriffs had the discretion to issue permits before the background checks were completed to those the sheriffs knew to be law-abiding citizens. He said the sheriff could not issue a permit to someone who has not completed the law's training requirements.
However, Miller said there was no discretion on the background checks.
"That's absolutely wrong under the law," Miller said. "He's the one who wrote it and he ought to know."
The open records bill is SB1020.
Reporter Terry Ganey
E-mail: [email protected]
Phone: 573-635-6178
