GUN BILL, POPULAR IN HOUSE, GETS MIXED REVIEWS

Many law enforcement officials are expressing concern about a bill moving through the Missouri General Assembly that would enable residents to acquire a permit to carry concealed firearms.

But supporters of the measure, which was added as an amendment to an anti-crime bill in the Missouri House, see it is a way of giving law-abiding citizens a way of protecting themselves.

Rep. Joe Driskill, D-Poplar Bluff, who sponsored the amendment, points out the bill has adequate safeguards and gives county sheriff's broad discretion in deciding whether to issue permits for carrying handguns. Driskill also points out that 35 other states have some type of permit process for individuals to carry handguns.

He cites Florida as an example, where a similar law was passed in 1987 and law enforcement officials have agreed there have been almost no problems.

Both supporters and opponents of the measure say they are surprised by the wide support given the amendment this week in the House. The amendment passed the House by a margin of 124-24 and all Southeast Missouri legislators supported it.

"This just has a broad base of support," said Driskill. "I have received phone calls from all over the state in a volume that is unbelievable from common everyday citizens that think they need something to protect themselves. People are concerned about criminals."

Contributing to this concern is the fact that between 1984 and 1990 the murder rate in Missouri increased 27.7 percent; rapes are up 23.7 percent; felony assaults have risen by 65.5 percent; and robberies are up 55.9 percent, Driskill noted.

"Our law enforcement officers and judicial systems can't do everything," said Driskill. "In some instances they are overwhelmed. The bottom line is a lot of people are afraid to walk down the streets and go out into their neighborhood. That's the reason to consider other alternatives."

Among those who are concerned by the measure are Scott County Sheriff Bill Ferrell, Cape Girardeau County Sheriff Norman Copeland, and Cape Girardeau Police Capt. Steve Strong.

"I can honestly say the passage of this bill scares me," said Strong. "I think if people would sit down and use common sense to think this through, it would seem that society has progressed from a Wild West attitude."

Even in the West, Strong said there were restrictions against carrying guns in many towns because people recognized carrying guns could lead to problems.

Under the proposal, sheriffs could issue licenses to qualified applicants 21 years of age and older. Applicants cannot be convicted felons, alcoholics, insane or physically disabled. An applicant would also have to pass a firearms safety course taught by the National Rifle Association or a law enforcement organization. Applicants would also have to give a reason for wanting to carry a concealed gun.

The gun barrel must be less than 16-inches long. A license would cost $100 and must be renewed every five years.

"This bill is drawn in such a way that it gives maximum discretion to the sheriff," said Driskill. "He doesn't have to issue the permit."

To qualify for a permit, citizens "must have absolutely unblemished records," Driskill stressed. Weapons are prohibited from being taken into places like taverns, schools, public gatherings, and government offices.

Strong points out that the screening process is hardly foolproof and things like mental illness are not always easy to detect. He also believes this will lead to a wider distribution of handguns and could jeopardize police officers and lead to more shooting incidents, especially in domestic conflicts.

"It is not always easy to tell if a person has a mental problem," noted Strong.

"I am a gun control advocate so naturally I would not be in favor of this bill," he added. "The ready accessibility of firearms causes us enough problems now. Many times you have crimes of passion where an argument or fight could escalate upwards to the use of deadly force."

Strong explained that having a gun does not always mean it will protect the person carrying it. Sometimes, it is used against the gun owner by an assailant. "Many times, carrying a firearm is going to get you into more trouble.

"We also have the issue of when to shoot and not to shoot - where they have a right to fire a weapon and when. They can make a mistake that would be a lethal mistake for a third party."

Strong said there are people who have committed crimes but have not been convicted of a crime, or who sell drugs; they could carry guns under this law.

"There are people who are dangerous and have committed crimes but have never been convicted of a crime, but because of that fact, up until the time they are arrested will carry a gun."

But Driskill said the bill gives enough discretion to sheriffs to prohibit those kinds of people from carrying guns.

Sheriff Ferrell said he wants to study the safeguards before forming a firm opinion, but generally is uncomfortable with the measure.

"There are certain cases where I would see this might be important and necessary, but we sure need a lot of guidelines for it to be issued," said Ferrell. "I think the law would need to contain a provision that even if a certain criteria is met you can still refuse a permit."

Even as sheriff, Ferrell said he does not carry a gun when he goes places, although he keeps one in his car.

Ferrell said he realizes many elderly people are concerned, especially when traveling, but like Strong, he feels sometimes having a gun could cause the people more harm than not having one.

Sheriffs have the authority to issue permits to purchase handguns. Ferrell said several years ago the law was changed to give individuals the right to appeal through the courts if the sheriff refused to issue a permit. He fears a similar provision could be applied here to limit the sheriff's discretion.

George Krelo, director of the Missouri Police Chiefs Association, said he was "stunned" by the wide support for the measure. He believes it will endanger police officers and has no advantages.

Strong noted, "You always wonder when you pull someone over if they are armed. Now we will be even more concerned about that."

Driskill said some law enforcement officers support the bill. On Wednesday, the Cole County sheriff endorsed the measure.

Rep. Mary Kasten, R-Cape Girardeau, said she feels there are good safeguards.

"A lot of people are concerned about self protection," she noted. "I think it will be a deterrent to crime, but many feel just the opposite. It gives law abiding citizens a chance to protect themselves and not break the law. Many are already carrying guns.

"It was a tough vote for me, but I think it was the right one."

Rep. David Schwab, R-Jackson, said he checked with a lot of constituents before voting for the amendment. "I don't look at it like a lot of people will be using the program," said Schwab.

"I just don't see anybody using it but good law-abiding citizens," said Schwab. "I don't think it will put more guns out in communities. People who don't want to abide by it are violating the law now.

"I think it will deter crime."

To become law, the measure still needs final approval in the House and must go to the Senate.