Commission OKs conceal-carry

Despite the looming possibility of lawsuits, the Cape Girardeau County Commission passed a resolution Monday that allows residents to obtain concealed weapons permits.

Sheriff John Jordan will begin processing applications Wednesday.

The commission met with Jordan and Cape Girardeau County Prosecuting Attorney Morley Swingle to discuss the issue Monday morning before giving its approval.

Swingle warned that concealed weapons opponents are threatening to file suits against counties that begin issuing the permits.

Already, one such lawsuit has been filed against Moniteau County, Swingle said.

"It's almost like we're putting a target on our head and saying, 'Sue us,'" said Swingle. "The scary thing is, if they win we'd have to pay their reasonable attorney fees."

Swingle said he believes the resolution approved by the commission "bulletproofs" the county from losing such lawsuits because it ensures that no taxpayer money is used for the mandate. In February, the Missouri Supreme Court upheld the constitutionality of the state's concealed weapons law but exempted four counties -- including Cape Girardeau -- from enforcing it because they had provided evidence that the law violates the Hancock Amendment's prohibition against unfunded mandates.

In the case of Cape Girardeau, that evidence came in Jordan's testimony in support of the conceal-carry law before a circuit judge. The county has been waiting to issue permits until resolving the issue of how the fees will be paid.

"Our residents are clearly in favor of this," Swingle said. "Right now, people driving through Cape County can legally have a concealed weapon, but our own residents can't."

As it stands, the concealed weapons legislation allows a fee of up to $100 to be collected at the time of permit application. That money is to be placed in a sheriff's revolving fund for training and equipment.

Opponents of the legislation have threatened lawsuits if sheriffs pay a $38 fee to the Missouri State Highway Patrol to check fingerprints out of the $100 collected. The original law doesn't specifically allow sheriffs to do that, so it forces county commissions to fund the fingerprinting costs from another account, perhaps using taxpayer money.

That, according to opponents, amounts to an unfunded mandate and a violation of the Hancock Amendment. The Supreme Court ruling holds that Cape Girardeau County cannot be required by the state to issue permits because of the unfunded mandate. But the ruling does not prevent the county from choosing to do so.

"We don't want to let a very small minority regulate what we're going to do here in Cape Girardeau County," said Presiding Commissioner Gerald Jones.

Separate account

In Cape Girardeau County, a separate account holding nontaxpayer dollars is already established. The Crime Reduction Fund, which consists of donations, fees from prisoners' long-distance telephone calls and fees paid by defendants as part of their probation, will be used to pay for any county expenses connected with the concealed weapons permits.

According to Jordan, the sheriff's department has settled on a $45 fee to be collected at the time of application. A separate $38 money order from the applicant will be sent to the Missouri State Highway Patrol to pay for the fingerprinting services.

Once the applicant is approved for a permit, the Department of Revenue will issue a special driver's license indicating the person has the right to carry a concealed weapon.

Jordan said between 30 and 40 people already have expressed interest in obtaining a permit. He expects about 600 permits eventually to be issued in the county.

"Very few residents will actually get the permit, but the majority in Cape County feel they should have the right to do so if they choose to," Jordan said.

cclark@semissourian.com

335-6611, extension 128