Judge hopes to issue a decision today in concealed weapons case

ST. LOUIS -- A St. Louis judge hoped to decide today whether to issue a temporary restraining order delaying Missouri's new concealed weapons law from taking effect until the state's Supreme Court can determine if the measure is constitutional.

St. Louis Circuit Judge Steven Ohmer recessed a hearing on a challenge to the law Thursday afternoon. He said he wanted to do additional research on the background of clauses in the state's constitution from 1875 and a revised version from 1945. Ohmer said he hoped to be prepared for a ruling today.

Attorneys for plaintiffs seeking to stop the concealed weapons law from taking effect Saturday argued that the law is unconstitutional. They said it violates a 128-year-old clause in the Missouri Constitution, imposes a new requirement on counties without providing funding and contains vague language.

The lawyers, Burton Newman and Richard Miller, also claimed the legislature overstepped its police powers to secure the general peace and safety of Missourians and usurped the power of the people by passing a law similar to one voters rejected in an April 1999 referendum.

Newman and Miller represented a group of public officials, members of the St. Louis Clergy Coalition and the nonprofit Institute for Peace and Justice. They cited a section of the Bill of Rights from the 1945 Missouri Constitution declaring "that the right of every citizen to keep and bear arms in defense of his home, person and property ... shall not be questioned; but this shall not justify the wearing of concealed weapons."

They also referenced the earlier 1875 version that gives citizens the right to bear arms, but states "...nothing herein contained is intended to justify the practice of wearing concealed weapons."

Miller also argued that the new law would be based on a poorly worded bill. He said the measure would allow an individual carrying a permit to carry a bomb or any concealed weapon other than a firearm into a school or church.

The Missouri attorney general's office, serving as the defendants, argued that the constitutional clauses express a "reservation," not a prohibition on allowing Missourians to carry concealed weapons.

Assistant Attorney General Alana Barragan-Scott argued that the plaintiffs had not met the requirements necessary for Ohmer to issue a restraining order. Barragan-Scott said plaintiffs had not shown they were likely to succeed in challenging the constitutionality of the measure.

The attorney general's office also argued that the plaintiffs had not proven the new law would cause irreparable harm decidedly worse than consequences of the order not being granted.

The concealed-weapons 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.

Earlier Thursday, Ohmer decided to hear the case in St. Louis Circuit Court, rejecting a request from the attorney general's office to move the hearing to Cole County, where most lawsuits naming the state as a defendant are tried.

Newman and Miller added St. Louis Sheriff James Murphy as a defendant prior to the hearing Thursday and Ohmer ruled that Murphy was a proper defendant because he would administer the concealed guns law by issuing permits. As a result, Ohmer ruled that the lawsuit could be heard in St. Louis Circuit Court and allowed arguments to begin.

Attorneys for the plaintiffs and the attorney general's office refused comment following arguments Thursday.