THE CONCEALED WEAPON DEBATE, PART I

How small of all that human hearts endure

That part that laws or kings can cause or cure

-- Samuel Johnson

I have just finished my second session of the Missouri Senate. For all the frantic activity that led up to last Friday's 6 p.m. adjournment, now that we're finished I keep returning to the timeless wisdom encapsulated in Johnson's little couplet.

In government, we pass huge crime bills. They get hailed by their sponsors, and occasionally by the media. "Now we're really cracking down on crime," we're told. "Time to get tough," nods another. "Good move. This'll send a message."

There's only one problem. This ritual has been going on for years, and crime gets worse and worse, not better. The people know this. We know that when politicians hail the latest crime bill as an answer to violent crime, it's usually time to reach for our wallets. And say more and more law-abiding Americans "Our guns."

Last Friday evening found me on the floor of the Missouri Senate, near exhaustion from the increasingly frantic pace that marks the close of another legislative year. At 5:25 p.m., legislative leaders raised the white flag on Gov. Cranahan's health care bill, and President Pro Tem Jim Mathewson leaned toward me and spoke the words I had been waiting to hear for three days: "Stay close, Peter."

I knew instantly what he meant: He would shortly rule on the point of order raised the Tuesday before, by Senate Majority Leader J.B. "Jet" Banks, D.-St. Louis. Sen. Banks had objected to my offering an amendment to the big juvenile crime bill, an amendment to permit Missourians to apply to the sheriff for a permit to carry a concealed weapon. It's a right that passed the House 110-36, and is enjoyed by citizens of 38 other states, until last week, when Tennessee's Democratic governor signed such a bill.

The President Pro Tem informed me Tuesday evening that the parliamentary committee had ruled my amendment to be clearly in order that Sen. Banks' objection would have to be ruled "not well taken". (Sen. Mathewson had also asked me to withdraw my amendment, a request to which I respectfully demurred.) I was therefore secure in the knowledge that, if permitted to proceed, we would get a floor vote that would almost certainly yield a majority for concealed weapons.

But would Jet Banks filibuster? Tuesday evening, he had so threatened, as, waiving a Bible, he informed "... the Senator from Cape, Senator, I am going to read to you from the Book of Matthew to the Book of Revelations, if necessary." Smiling, I responded, "Senator, are you going to omit the wisdom found in the Book of Proverbs, in Psalms, in Ecclesiastes, in Isaiah, and in Deuteronomy the Book of Laws?"

Friday evening, near 5:30, as packed fourth-floor galleries watched and listened, the dramatic moment arrived. I was recognized on my amendment, which had been pending more than 72 hours. The first words out of my mouth were, "Mr. President, I have a (ital.) substitute (unital.) amendment." Hearing subdued laughter behind me, a more liberal friend sat down. What this senator had been ready to do to me, I had just done first to (ital.) him (unital.), and to others in the chamber. By offering a substitute to my original amendment, I had locked out any further amendments to my amendment; any such effort would have to be ruled out of order, as being what parliamentarians call "in the third degree." Translation: A substitute amendment cannot be amended without the sponsor's consent.

(Ital.) In Thursday's edition: With the clock ticking in the session's final half-hour, senators debate and vote on the concealed weapon amendment. (Unital.)

I described my substitute amendment, explaining that it differed from the original only for having been slightly altered to include concerns of the Fraternal Order of Police, the most recent group to endorse the right to carry a concealed weapon. A friendly Democrat, Sen. Mike Lybyer of Texas County, asked whether I would agree to an amendment that would hold sheriffs harmless from liability in turning down an applicant for a permit. With unanimous consent, we made the change.

Next, I faced the expected challenge from the Majority Floor Leader. He informed me, "Senator, I don't want anybody in my district to be armed; I don't want you to be armed. My district is a killing gallery." I replied, "Senator, I don't own a gun and never have; that is not the issue. I do, however, recognize the vital importance of firearms to protect our freedom, and now, to protect our very lives."

I cited him to an example from his own territory. "Five female teachers from St. Charles are pursuing masters' degrees in night classes at St. Louis University," I related. "After teaching all day, they arrive in the city, at the parking lot, after dark, for 7 p.m. classes. They go to class. After class, perhaps, they stop by the library. Returning to the parking lot and their cars at 9:30 or 10:00 or even later, they head home. They informed another of our colleagues, `Senator, each one of us is carrying a pistol in our purse. Please make legal what we're already doing.'"

"Senator," I concluded, "This is a womens' rights issue -- a feminist issue, if you will. You're a champion of feminist causes, are you not?"

Next up was Sen. William "Lacy" Clay, D.-St. Louis. He read me some polling numbers and denounced my proposal as "dangerous and reckless." Dismissing his polling, I replied, "Senator, the current situation is dangerous. What we want to do is create doubt in the minds of vicious criminals about whether one or another of their intended victims is armed."

President Pro Tem Mathewson wanted to vote and go on to other business. He went to Sen. Clay, urging him to quit so that I could close and senators could vote. I closed with an appeal to all my colleagues to extend to Missourians a right enjoyed by citizens of now that Tennessee had joined that very morning 39 other states. The roll was called and my amendment prevailed by a vote of 18-14, with two pro-gun Kansas City Democrats absent and not voting.

Another gun rights opponent, Sen. John Schneider, D.-St. Louis, jumped to his feet and offered a substitute bill to replace the juvenile crime bill. A neat ploy, straight from Gov. Carnahan's office, this substitute had nothing in it about guns. At 5:45, maneuvering halted; the juvenile crime bill's sponsor moved his bill be tabled; my amendment died with the bill; and the Missouri Senate went on to other business before our 6 p.m. adjournment. (For the record, Democrats voted 11-7 against my amendment; Republicans voted 11-3 for it.)

For the first time in the history of the General Assembly, we had won a senate floor vote achieving a constitutional majority for the right of Missourians to apply for a permit to carry a concealed weapon. The battle for the rights of law-abiding Missourians will continue in next year's session.