County resident sues to carry concealed gun
By Terry Ganey
Jefferson City Bureau Chief
03/15/2004
The president of the Second Amendment Coalition filed suit Monday against St. Louis County officials over their refusal to process his request for a concealed weapons permit.
Dale A. Schmid, 57, of Manchester, filed a petition complaining that county police refused to issue him an application for a concealed weapons permit, refused to accept Schmid's self-written application and refused to give him a letter explaining why it wouldn't take an application.
"They have been dragging their feet and pontificating against license to carry," Schmid said in a telephone interview after filing his case in Small Claims Court. He said he told St. Louis County Counselor Patricia Redington that "it's dangerous for a police chief to pick and choose which laws he likes and dislikes and use his official capacity to do something about it."
Schmid's suit named Redington, St. Louis County Police Chief Ronald Battelle and police Lt. Chris Stocker as defendants. Schmid said he went to the police department Monday and asked for an application to carry a concealed weapon.
Told that the department was not issuing applications, Schmid said he had drawn up his own application that contained the information required by the state's concealed weapons law. He offered the application, a $100 permit fee, proof that he had passed a training course and proof of identification.
Schmid said he was told the department was not accepting applications, either. He said he asked for a letter explaining that and he filed his suit after he was denied that document.
The concealed weapons law provides that disputes over permits be filed in Small Claims Court. A hearing on the case is set for April 28 before Associate Circuit Judge Barbara Crancer.
The state Supreme Court ruled Feb. 26 that Missouri's concealed weapons law was constitutional but that its funding mechanism was not. Since then, Attorney General Jay Nixon advised county sheriffs to hold up issuing permits until the Legislature passed language that address the funding mechanism. A state Senate committee heard a bill Monday night designed to fix the funding mechanism problem, but took no action.
The Second Amendment Coalition advocates gun rights.
In what is a first statewide, St. Charles County plans to require residents to pay a $95.25 user fee to process applications to carry a concealed weapon under Missouri's new gun law.
Residents can submit applications beginning Saturday if the St. Charles County Council adopts a measure establishing the fee. County Executive Joe Ortwerth said the council will consider the fee proposal on Wednesday.
Ortwerth and Sheriff Tim Swope said they believe St. Charles County will be a model to other counties grappling with how to carry out the new law, which was upheld last month by the Missouri Supreme Court.
The law allows sheriffs to charge a $100 application fee but only to cover sheriffs' expenses for training and equipment. In St. Charles County, that expense is 25 cents, Ortwerth said.
By charging a user fee, the county will cover its costs of processing applicants' fingerprints, doing background checks and paying overtime wages to county employees who will accept the applications on Saturdays and weeknights, Monday through Thursday, officials said.
William Lhotka and Tim Bryant of the Post-Dispatch contributed to this report.
Reporter Terry Ganey
E-mail: [email protected]
Phone: 573-635-6178
By Terry Ganey
Jefferson City Bureau Chief
03/15/2004
The president of the Second Amendment Coalition filed suit Monday against St. Louis County officials over their refusal to process his request for a concealed weapons permit.
Dale A. Schmid, 57, of Manchester, filed a petition complaining that county police refused to issue him an application for a concealed weapons permit, refused to accept Schmid's self-written application and refused to give him a letter explaining why it wouldn't take an application.
"They have been dragging their feet and pontificating against license to carry," Schmid said in a telephone interview after filing his case in Small Claims Court. He said he told St. Louis County Counselor Patricia Redington that "it's dangerous for a police chief to pick and choose which laws he likes and dislikes and use his official capacity to do something about it."
Schmid's suit named Redington, St. Louis County Police Chief Ronald Battelle and police Lt. Chris Stocker as defendants. Schmid said he went to the police department Monday and asked for an application to carry a concealed weapon.
Told that the department was not issuing applications, Schmid said he had drawn up his own application that contained the information required by the state's concealed weapons law. He offered the application, a $100 permit fee, proof that he had passed a training course and proof of identification.
Schmid said he was told the department was not accepting applications, either. He said he asked for a letter explaining that and he filed his suit after he was denied that document.
The concealed weapons law provides that disputes over permits be filed in Small Claims Court. A hearing on the case is set for April 28 before Associate Circuit Judge Barbara Crancer.
The state Supreme Court ruled Feb. 26 that Missouri's concealed weapons law was constitutional but that its funding mechanism was not. Since then, Attorney General Jay Nixon advised county sheriffs to hold up issuing permits until the Legislature passed language that address the funding mechanism. A state Senate committee heard a bill Monday night designed to fix the funding mechanism problem, but took no action.
The Second Amendment Coalition advocates gun rights.
In what is a first statewide, St. Charles County plans to require residents to pay a $95.25 user fee to process applications to carry a concealed weapon under Missouri's new gun law.
Residents can submit applications beginning Saturday if the St. Charles County Council adopts a measure establishing the fee. County Executive Joe Ortwerth said the council will consider the fee proposal on Wednesday.
Ortwerth and Sheriff Tim Swope said they believe St. Charles County will be a model to other counties grappling with how to carry out the new law, which was upheld last month by the Missouri Supreme Court.
The law allows sheriffs to charge a $100 application fee but only to cover sheriffs' expenses for training and equipment. In St. Charles County, that expense is 25 cents, Ortwerth said.
By charging a user fee, the county will cover its costs of processing applicants' fingerprints, doing background checks and paying overtime wages to county employees who will accept the applications on Saturdays and weeknights, Monday through Thursday, officials said.
William Lhotka and Tim Bryant of the Post-Dispatch contributed to this report.
Reporter Terry Ganey
E-mail: [email protected]
Phone: 573-635-6178
