Constitionality of Missouri concealed gun law questioned

A Missouri law that would allow private persons to carry concealed firearms has been put on the shelf until the state's Supreme Court can rule on the law's constitutionality.

At St. Louis circuit judge issued a temporary delay on the law's enactment in order to more closely scrutinize an 1875 clause in the state's constitution and a revised clause from 1945.

The new law was initially to be enacted on Oct. 11. It requires applicants to pay $100, to take an eight-hour gun-safety course and to pass an extensive background check. Applicants also have to be at least 23 years old, two years older than the minimum age to own a handgun in Missouri.

In September, Missouri lawmakers overrode Gov. Bob Holden's earlier veto of the bill. If it stands, the new law would not impact policies prohibiting weapons on campus at Southeast; rather, it could impact students and faculty away from campus.

"It isn't going to have an impact on Southeast as far as people carrying them because the bottom line is, you can't carry a firearm on campus," said Doug Richards, director of the department of public safety. "The only people authorized at this point to carry a firearm on campus are law-enforcement personnel."

In 1999, Proposition B, a bill to legalize concealed weapons, was placed on the ballot and defeated in a statewide referendum.

Dr. Michael Brown, professor of criminal justice, said there are heavy restrictions in the new law on exactly who can receive a permit and where they can carry their weapon.

"You can't take it into church. You can't take it into school. You can't take it any place that somebody prohibits," Brown said. "You can't take it to a place where alcoholic beverages are being served, and you can't have it if you've been prosecuted."

Carson Kelley, chief of law enforcement at Southeast and assistant director of DPS, doesn't anticipate any problems from people filing for a permit to carry a weapon.

"People filing for a concealed-weapons permit don't create a problem for anybody," Kelley said. "First of all, the public will never know. If it is a situation where you don't know they're carrying a concealed weapon, it's not creating any problem."

The state of Florida, which has also legalized concealed weapons, is an example of how the law works.

"Their crime rate dropped with the concealed weapons law," Richards said. "I'm hopeful we will follow the trend of some other states and see a reduced crime rate."

Brown also pointed out Florida hasn't had a rash of illegal shootings, and he doesn't anticipate many problems in Missouri.

"People still can't carry guns illegally. Felons can't get permits. People with criminal records can't get permits," Brown said. "It's not like suddenly we're going to have a bunch of bad guys that are licensed to carry guns. They'll still be doing it illegally and they can still be prosecuted for that."

DPS officials pointed out that they haven't heard from any students who are worried or concerned about the new law. Brown said a few students who opposed the law have expressed exasperation because it was passed after being defeated by popular vote.

Brown said he feels the new law will not make much of a difference one way or another.

"I think most people, once they've been through the training, begin to realize that the availability of a firearm isn't going to make them bulletproof," Brown said. "My suspicions are that it isn't going to make much of a difference."

Brown said one of the most noticeable differences would be the effect the law has on how law-enforcement officers do their jobs.

"It is going to make the job of peace officers and police officers more complicated; they will be encountering people who have firearms on their person or in their car," Brown said. "For example, when they approach a situation, police officers are going to have to ask, do you have a gun and if so, do you have a permit for it?"

Despite many unanswered questions about the new law, Richards has hope that its impact will be positive.

"Statistics show that crime rates go down in some states where concealed weapons are legal," Richards said. "I hope it will have a positive impact on crime."