Hearing on concealed weapons law scheduled

ST. LOUIS - A little more than a month before the Missouri Supreme Court takes up the concealed weapons law, the St. Louis judge who ruled the measure violates the state constitution will reconsider whether it violates a provision barring unfunded mandates. Both sides of the issue learned Monday that Ohmer will re-hear the matter in a hearing at 9:30 a.m. today.

Scott Holste, a spokesman for Attorney General Jay Nixon, had no comment Tuesday other than to say the new order won't delay the Supreme Court hearing. But the St. Louis hearing could complicate the legal proceedings, said Burt Newman, a suburban St. Louis lawyer for opponents of the concealed weapons bill.

Newman said Ohmer will have up to 75 days to rule on the Hancock Amendment question _ theoretically, that ruling could come after the Supreme Court hears the case and even rules on it.

Still, neither side is seeking a delay of the Supreme Court hearing.

The concealed weapons law, Newman said, "makes no appropriation of funds for all of the new services that county sheriffs will be required to perform to process applications. Hancock requires that anytime there are new services, there must be an appropriation of funds to cover those services." The law does require a $100 processing fee that proponents say covers the costs. Newman disagreed, saying the fee was inadequate.

"What we have is a situation where the Legislature has not appropriated the necessary funds for these new services," Newman said. "Sheriffs are shifting funds from equipment and training to provide for other services not covered by the concealed carry act." The concealed weapons law was adopted Sept. 11 after the Legislature narrowly overrode Gov. Bob Holden's veto. The law allows Missourians age 23 and older who pay $100 and pass background checks and a training course to receive a permit from their county sheriff to carry concealed guns. It also allows anyone age 21 or older to conceal a gun in a vehicle without need of a permit.