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12 October 2004 -- St. Louis County Lawsuit Decided
The following was posted to Casenet sometime
today.
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04CV323913 - ST LOUIS COUNTY ET AL V STATE OF MISSOURI
Judgment Entered
Cross motion for summary judgment of Plaintiffs is sustained as it pertains to
claims of St. Louis County and Charlie A. Dooley as an individual taxpayer of
State of Missouri and St. Louis County; Cross motion for summary judgment of
Plaintiff denied as it pertains to claims of Plaintiff Charlie A. Dooley in his
capacity as County Executive; Cross Motion for Summary Judgment of Defendant
State of Missouri as it pertains to the standing to sue Charlie Dooley in his
capacity as County Executive of St. Louis County is sustained, and denied as to
the remainder.
Furthermore, those portions of the Concealed
Carry Law that require expenditure of County funds that are not reimbursable
from the Sheriff's Revolving Fund constitute an unfunded mandate in violation of
the Hancock Amendment, Article X, Sections 16 and 21 of the Missouri
Constitution as such portions pertain to St. Louis County, and such portions
shall not be enforceable against St. Louis County, nor shall St. Louis County or
its authorized law enforcement official be required to accept applications for
concealed carry endorsements, or to issue them.
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A full analysis is being performed but it appears that St. Louis County has won
their suit in part to opt-out of issuing permits. That is the bad news. The good
news is that they apparently did NOT win their attempt to overturn the whole
law.
As I said above, a full analysis is being performed and will be posted when
available.
While anti-self-defense people may be celebrating we must remember that they did
NOT win a victory.
How so?
THE LAW IS WORKING
Almost every other county in the state is issuing permits. Everyone who gets a
permit from those counties can carry concealed into St. Louis County. 12,000
Missouri permits issued to date and climbing.
The number of St. Louis County residents who have applied for and received
out-of-state permits from states like Florida is estimated to be in excess of
4,000. These people can also legally carry concealed firearms within St. Louis
County and throughout this state.
TIME IS ON OUR SIDE
Remember that with each passing week, the extravagant, fear-mongering claims of
those opposed to citizens being able to protect themselves is proven to be
false. Each week, Missourians will experience what the citizens of forty-four
other states have experienced after passing their LTC laws -- the blood has NOT
flowed in the streets -- widespread mayhem and rampant crime by LTC permit
holders has NOT occurred -- the sky has NOT fallen.
Our law became effective when the Supreme Court ruled earlier this year. Each
week and each month that passes since the law took effect proves that we are
right and will eventually demonstrate our credibility to politicians and law
enforcement and even a small minority of our media folks that might still have a
portion of a conscious left. This law is NOT the doom and gloom predicted by the
anti's.
SO WHAT HAS ST. LOUIS COUNTY WON?
Nothing really... just another delay.
St. Louis County residents will still be able to get permits to carry concealed
firearms in the WHOLE state of Missouri -- INCLUDING St. Louis County -- they
just will not be getting their permits FROM St. Louis County.
That means that hundreds of thousands of dollars that COULD be coming into St.
Louis County will be GOING ELSEWHERE.
It means that instead of St. Louis County's Police Department being an ACTIVE
part of the screening process, a few anti-self-defense politicians are
VOLUNTARILY removing St. Louis County's police department from the background
check process... all because of their misguided anti-defense politics.
COST TO THE COUNTY IS NOT THE ISSUE
Anti-self-defense politicians in St. Louis County have claimed that their
lawsuit was only motivated by a desire to NOT lose taxpayer money.
The sad truth is that St. Louis County CAN
participate. They HAVE within the existing law the power to designate local
Police Departments to perform the background checks and ALL expenses ARE
recoverable from the existing law for this effort and would cost the County
nothing.
These politicians are misguided and are executing a bad policy decision for the
County and its law-abiding residents.
LOST REVENUE + LOST PARTICIPATION = BAD PUBLIC POLICY
As stated above, the ruling is being analyzed. Stay tuned for further updates.
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 |
