|
|
The Associated Press reported that the immediate effect of the ruling was unclear. Some sheriffs pledged to start issuing permits, while an attorney for concealed gun opponents promised a lawsuit if they did.
"Any county in the state of Missouri that attempts to implement the conceal and carry law will be challenged in the Missouri courts," St. Louis attorney Burton Newman, told the AP.
After hearing the news Thursday, Sheriff Toelke initially directed his staff to prepare to start processing applications for concealed gun permits next Tuesday.
He changed his mind after he was contacted later Thursday by other sheriffs in the St. Louis area who are reluctant to start issuing permits until the Hancock Amendment issue is clarified.
"We will be delaying the issuance of permits until this issue is resolved," Toelke said, noting that the Missouri Sheriffs Association was contacting the Missouri attorney general's office for an opinion.
The association hoped to give its members some guidance Friday, said executive director Jim Vermeersch.
Toelke said there are widely differing opinions on the rulings, and it's certain the issue will be "heavily discussed" within the next few days.
"Some law enforcement officials are saying that even if permits are issued, they will arrest anyone possessing a concealed weapon within their jurisdiction," Toelke siad.
"The sheriff's department will be on hold as it relates to issuing the permits until the pending options and opinions have been discussed thoroughly," Toelke said. "We will do our best to keep Franklin County residents informed on the status of the case."
While it appears that most sheriffs can issue the permits, it's not certain how long it will take for the Hancock Amendment challenge to be resolved, Toelke said. If the courts would rule the new law invalid on that basis, "those citizens who purchased the permits would lose the $100 fee for the permit."
The Hancock Amendment, which places a cap on tax increases, also requires the state to fund any new programs it imposes on county governments.
Attorney General Jay Nixon said sheriffs could legally issue concealed gun permits, but he suggested they wait until the Legislature fixes the unfunded mandate issue, according to the AP.
"While that legal right may exist in certain counties (to get concealed gun permits), so does the legal right of those to muck us up with another 100 lawsuits," Nixon said.
Nixon suggested the law could be fixed by amending it to allow the fees to also be spent on "the costs and time necessary" for sheriffs to administer the law. Lead legislative sponsor Rep. Larry Crawford, R-California, already has filed a bill allowing the fees to go toward "any reasonable expenses related to accepting and processing such (concealed gun permit) applications," the AP reported.
Chief Justice Ronnie White, in a dissenting opinion, argued that the constitutional requirement of "full state financing" for newly required county activities, could only be covered by a state appropriation -- not a locally collected fee.
The law approved last year over Gov. Bob Holden's veto allows Missourians age 23 and older to receive concealed gun permits from their local sheriffs after passing criminal background checks, firearms training courses and paying a fee of up to $100.
That law also entitles Missourians age 21 and older to conceal guns in their vehicles without need of a permit. The Supreme Court did not rule on that part of the law.
Holden told the AP he continues to oppose the concealed guns law and will "look for other opportunities, either by administrative action or by legislation, that will help provide protection for Missouri citizens."
