Nixon voices concerns over gun law

JEFFERSON CITY, Mo. -- Although he is defending Missouri's new concealed weapons law in court, Attorney General Jay Nixon has some personal concerns about the implications should his legal team win.

In arguments Thursday before the state Supreme Court, Nixon's staff plans to defend the constitutionality of the law allowing most adults to carry concealed guns in their coats, purses, cars and other secret places.

But should he win, Nixon is concerned the law might result in more traffic-stop searches by police fearful of armed citizens. He's concerned, also, that local sheriffs could compile secret lists of people entitled to carry concealed guns.

"I think it will negatively affect the civil liberties of Missourians," said Nixon, who as the state's top attorney is defending a law he acknowledges he does not personally support.

The chief issue before the Supreme Court is whether the law, enacted when legislators overrode Gov. Bob Holden's veto last September, violates a state constitutional provision dating to 1875 that guarantees the right to bear arms and adds: "but this shall not justify the wearing of concealed weapons."

A St. Louis circuit judge blocked the law from taking effect last October, ruling it violates a constitutional ban on concealed guns. Nixon appealed to the Supreme Court, arguing the constitution says only there is no guaranteed right to concealed guns and implicitly allows the Legislature to either ban or allow them.

If upheld, the law would allow Missourians age 23 and older who pass background checks and firearms training to receive permits to carry concealed weapons from their local sheriffs. The law also lets people 21 and older carry concealed guns in their vehicles without needing permits or training.

Nixon said the law could result in some uncomfortable situations when motorists get stopped for speeding or other routine violations.

"This will increase the number of searches that happen after traffic stops," Nixon said. "Police officers are going to assume that the citizen is armed, and you're going to have a lot more cops' hands on people's bodies."

Already, there is some evidence Nixon may be right.

In the St. Louis suburb of Hazelwood, Police Chief Carl Wolf has told his officers -- once the new law takes effect -- to routinely begin asking motorists if they have guns.

"If they say 'yes,' the officer will back off and call for back up, then order everyone out of the car and search the vehicle and run a check on the weapon to see if it's stolen and run a check on the driver to see if he can legally possess the gun," Wolf said.

If the motorist and gun check out OK, then police will return the gun -- unloaded, said Wolf, one of the plaintiffs challenging the concealed weapons law.

"The whole thing behind this is to ensure for officer safety and get stolen guns off the street," Wolf said.

But Kansas City attorney Kevin Jamison, who is president of the Western Missouri Shooters Alliance, said Nixon's concerns are "ridiculous" and Wolf's policy is an "asinine" invitation to federal civil rights lawsuits.

Jamison and other concealed-guns supporters note that police already are trained to assume the worst-case scenario when making traffic stops.

"There will be a certain period of hysteria ... and in that six months there may be officers who are overly cautious," Jamison said, "but I doubt very much that it's going to last very long. They are going to determine that this is really not changing anything.

"The guys who will take advantage of this law are not a threat to officers," Jamison said, but rather law-abiding citizens who only want to protect themselves.

Nixon said he understands why people making night bank deposits or being threatened might want concealed guns. But he said he does not believe society will be safer by granting that right to nearly everyone.

Nixon said he also has concerns about a provision of the law that closes all records about concealed gun permit holders. The result, Nixon said, is that sheriffs could keep a secret list of local concealed gun carriers -- in essence allowing the sheriff to form an armed posse.