High court sets Jan. 22 for concealed guns hearing

JEFFERSON CITY, Mo. -- A judge's decision striking down Missouri's new concealed guns will go before the Missouri Supreme Court on Jan. 22 in an appeal sought by the state's attorney general.

The law, which would enable most adults to carry concealed guns, was scheduled to take effect Oct. 11. But St. Louis Circuit Judge Steven Ohmer issued an injunction on grounds it violates a section of the Missouri Constitution dating to 1875.

The constitution's Bill of Rights guarantees Missourians the right to keep and bear arms, adding: "but this shall not justify the wearing of concealed weapons."

Ohmer ruled authors of the 1875 constitution wanted a "direct limitation on the inherent power of the legislature to regulate the manner, time and place of citizens' right to bear arms" -- essentially that the constitution prohibits lawmakers from allowing concealed weapons.

But Attorney General Jay Nixon's office, and supporters of the new law, argue precisely the opposite -- the provision means only there is no constitutional guarantee of a right to carry concealed weapons, and it implicitly authorizes the legislature to either prohibit or allow it.

The Supreme Court set various deadlines in December and January for attorneys to file more briefs in advance of the oral arguments.