"So, as Judge Wappner's clerk used to say, 'Don't take the law into your own hands, you take them to court.'"
[from the web.]

Missouri has a constitution that states that citizens have a right to keep and bear arms, but that this right does not apply to the carrying of concealed weapons. So, that means we have a right to carry weapons [firearms] openly, right?

In the years of debate over licensing the carrying of concealed weapons, we have been repeatedly told that we do not "need" the ability to carry concealed because we have the "right" to carry them openly.

Yet, we have in Missouri a preemption statute. A law created by the legislature that allows local municipalities to regulate the open carriage of weapons. In theory, if the state constitution guarantees us the right to carry openly, how can a local municipality have the authority to "ban" the act of open carry?

Eventually, an individual who was carrying a firearm openly did so in an area where there was an ordinance prohibiting the practice. He was arrested.

This idea that local municipalities could pass ordinances that supersede the state constitution was challenged in Missouri court. The state constitution should trump state law. The local ordinance banning open carry should have been overturned as violating the state constitution.

Guess what? The local ordinance was UPHELD by the Eastern District Court of Appeals [the most liberal/activist court in the state].

How? It was CLEAR. the CONSTITUTION said we have the right to carry openly.

Well. there are right ways to do things and wrong ways to do things. And the courtroom is no place to do wrong things.

If you bring the wrong suit, at the wrong time, with the wrong defendant, the wrong plaintiff and the wrong argument, before the wrong court with the wrong judge. it may not matter what you "think" the law "clearly" states. Taking a case to court with any combination of the above could do tremendous damage to our attempts to get LTC permits issued in EVERY COUNTY in the state of Missouri.

In the case cited above, the result of this individual's loss inside a Missouri court was that WE now have "case law" and a court's ruling supporting the authority of local municipalities to ban the open carrying of firearms.

So. BEFORE you go running to court, please make sure that you do not get your legal advice from Judge Wappner's clerk.


ST. LOUIS COUNTY LAWSUIT - THE WRONG WAY?

The president of a local "pro-gun" group decided that enough was enough and decided to file a lawsuit to "force" the St. Louis County Police Department to give him an application for a LTC permit.

Some supporters of LTC were praising this move as "doing something" to get permits issued. The fact that he was "doing something" may make you feel good for the moment. But as I have cautioned before, if in "doing something" you do the WRONG THING, without having it planned, or coordinated or a part of a LONG TERM strategy, there could be dire consequences to achieving our goal where EVERY county will be issuing permits.

[NOTE: After conversations with representatives from national pro-gun-owner groups, this action on the part of this group was NOT coordinated or planned or approved by them or any of the state groups. Luckily, pressure from a national group resulted in this bad idea of a lawsuit being dropped late today. The question remains: what damage to our efforts did this lawsuit cause?]

A RIGHT WAY

There is a wrong way. and a right way.

From the moment the veto of HB349 was overridden on September 11, we [GCLA. MPS, WMSA, Learn-To-Carry and others] have been working quietly behind the scenes to help smooth some of the confusion regarding implementation of this law and then the impact of the MOSC ruling. We have been working with local law enforcement entities and local governmental organizations.

As an example, we got a phone call from a St. Charles County Council member before the Council was to take up the proposed ordinance to ban concealed weapons from ALL County property. [This was the "model" legislation being distributed by the Municipal League and passed by many localities as a knee-jerk response to the override of HB349] I provided the councilman with information and talking points and some strategy.

He took the info and advice and before the Council meeting was over, had a majority of the Council wanting to study the issue further. Over the next few weeks, we worked closely with some members of the Council on the issue. The result? St. Charles County Council passed an ordinance to only prohibit concealed firearms in TWO of their buildings. If you hadn't guessed, this was a BIG VICTORY! Potential panic was replaced by common-sense discussion.

The benefit was not only that a bad ordinance was prevented, but, we developed a cordial working relationship with many members of the St. Charles County Council.

Through them we have been working to assist Sheriff Swope in his effort to NOT run afoul of the Hancock provision when he takes applications and issues permits. He wants to do it right. The key is because we have been TALKING to them we have the St. Charles County Council and the St. Charles County Sheriff wanting to issue permits.

Earlier tonight, two new ordinances have been passed by the St. Charles County Council that will allow St. Charles County residents to start making application for LTC permits THIS Saturday.

IF we can help St. Charles County successfully start to take AND ISSUE permits in full compliance with all Missouri laws and the MOSC ruling, it will be another MAJOR VICTORY and could well become a roadmap for use by other counties [including St. Louis County???]. We will see if the Council has been successful.

WHAT ABOUT OUTSIDE ST. CHARLES?

Our combined and coordinated efforts throughout the state to date have resulted in the following county sheriffs taking applications:

"..the list is growing...the floodwaters are rising...the levy's are breaking..."

                      Cape Girardeau
                      Christian
                      Cole
                      Greene
                      Laclede
                      Lincoln
                      Moniteau
                      Pettis
                      Phelps
                      Webster
                      Wright
                      Stone

PLEASE BE PATIENT

I know this is hard to swallow, BUT once AGAIN, I urge EVERYONE that wants LTC to ultimately be successful to be patient and POLITE. Missouri is crawling into a "brave new world" for some of our citizens. These issues ARE BEING WORKED. I can guarantee you that we are not "sitting on our hands." [some of us haven't had time to sit <gr>]

Also, please understand that in the future, there MAY be a "need" for a lawsuit. But IF there is, it will be well planned and thought out and coordinated.

Hang in there and stay tuned. A release on Car-Carry and Out-Of-State permits will follow soon.

Greg Jeffery
Legislative Chairman, Gateway Civil Liberties Alliance, www.gclastl.org
Legislative Coordinator, Missourians for Personal Safety, www.moccw.org
Designated Part-time Spokesman, Western Missouri Shooters Alliance, www.wmsa.net