New lawsuit rehashes gun funding question

JEFFERSON CITY, Mo. -- Missouri's legal boxing bout over a new concealed guns law entered round two Friday as opponents filed a lawsuit claiming the law imposes an unfunded mandate on local governments and again asking a judge to strike it down statewide.

The lawsuit filed in Moniteau County essentially follows a blueprint laid out two weeks ago by the state Supreme Court, which upheld the Missouri Legislature's right to legalize concealed weapons but also declared the law's funding method illegal.

In its Feb. 26 ruling, the Supreme Court said that only Jackson, Greene, Cape Girardeau and Camden counties did not have to implement the law, because testimony had been presented about their potential for unrecouped costs. But the court opened the door for similar claims to be raised in Missouri's 110 other counties.

The latest lawsuit, filed on behalf of Moniteau County resident Robert Barry, claims that by issuing a concealed gun permit to state Rep. Larry Crawford, and any others, the county incurred costs not provided for by the state and used local money for a purpose not approved by local voters, both in violation of what is known as the Hancock Amendment to the Missouri Constitution.

The lawsuit asks the court to declare the gun law unconstitutional and any concealed gun permits void, in Moniteau County and beyond.

The lawsuit names as defendants Sheriff Kenny Jones, the county and the state. It was filed by lawyers Burton Newman, of Clayton, and Richard Miller, of Kansas City -- the same two lawyers who brought the initial constitutional challenges recently addressed by the Supreme Court.

Missouri Attorney General Jay Nixon said the lawsuit highlights the need for the legislature to address the problem.

"Until the legislature passes the simple, quick Hancock fix that needs to be done, we can expect a continuous litigation rodeo throughout Missouri," Nixon said in a telephone interview.

Jones did not immediately return a call seeking comment.

Crawford, who sponsored the concealed guns law, said he expected a Senate committee to hear legislation Monday that could address the funding flaw cited by the Supreme Court and in the recent lawsuit.

"These lawsuits may actually help us get something fixed that I said we need to fix quickly," Crawford, R-California, said Friday.

Also Friday, a St. Louis County official said that county was finalizing a lawsuit to challenge the concealed guns law on the grounds it is an unfunded mandate.

Missouri's law allows most adults at least age 23 to apply for concealed gun permits from their county sheriffs after passing a firearms course and background check. It allows sheriffs to charge up to a $100 application fee, which the law directs into a fund that can be spent only on law enforcement equipment and training.

The Supreme Court cited the limited uses in declaring the law an unfunded mandate, noting sheriffs weren't allowed to use the fee to cover personnel or fingerprinting costs incurred when processing the applications.