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Some Mo. Counties Accepting Concealed-Gun Applications While Others Wait

Opponents Of Law Consider Legal Action

POSTED: 8:50 pm CDT April 13, 2004
UPDATED: 10:48 pm CDT April 13, 2004

With legislation that attempts to fix the problem with the state's concealed-gun law still on hold, at least one more county is preparing to accept permit applications, but many others continue to hold off.

Saline County Sheriff Wally George planned to begin taking concealed-carry permit applications Wednesday. George said he had held off on accepting permit applications in hopes questions about the law would be resolved.

But with no resolution forthcoming, he's moving ahead with accepting applications.

"Many Saline County citizens want that permit. I've waited as long as I can wait," George said Tuesday.

The Missouri Supreme Court in February upheld the general legality of the concealed-guns statute but said the funding mechanism potentially imposed new duties on sheriffs without meeting all the costs -- making it an unconstitutional, unfunded mandate.

A Senate committee has endorsed a bill attempting to fix the funding flaw, but the full Senate has yet to consider the legislation. A House committee discussed its version of a legislative answer Tuesday evening.

Complicating matters further, Gov. Bob Holden, a Democrat, has said that even if a bill wins final legislative approval, he plans to veto it, and House leaders have questioned whether they would have the votes to override a veto.

The Supreme Court ruling has led to mixed results, with some sheriffs, such as George, taking applications but others waiting because of the funding concerns.

As of Tuesday, the Missouri State Highway Patrol reported receiving 3,270 requests for fingerprint background checks on concealed gun applicants in 53 of the state's 114 counties. St. Charles County led with 361 requests, followed by Greene County with 279.

The law requires sheriffs to charge an application fee of up to $100, but the court ruled the law limits the fee to being spent only on law enforcement equipment and training -- not personnel costs or the $38 fingerprint background check due to the state Highway Patrol.

To get around the issue, George, like some other sheriffs, planned to require applicants to write a $38 check or money order directly to the Missouri State Highway Patrol for the required background check.

However, George didn't plan to charge anything for his office's costs to process the applications. He said he would charge a fee once the Legislature clears up how to do so, but acknowledged that his plan to cover the costs within the sheriff's office also could mean a legal challenge.

Clay and Platte counties in the western part of the state have chosen to wait before issuing concealed-gun permits. Paul Vescovo, the Clay County Sheriff, says the reason is because he fears a lawsuit if applications are issued.

"It's kind of an issue of darned if you do and darned if you don't," he said. "I know a lot of people are frustrated with this, and I'm among them. Hopefully, the Legislature will act and take care of this."

Concealed-gun opponents already have filed a lawsuit in Moniteau County, arguing that by processing and issuing permits there, the sheriff incurred new costs that had to be covered by taxpayer funds.

"I can't imagine this doesn't result in some additional costs to them, even if they choose not to charge for it," Kansas City attorney Richard Miller, who filed the Moniteau County suit, said Tuesday. "The question becomes how are those costs being paid."

Miller said that whether a county covers the costs with the application fee or from within its own budget, it has violated either the concealed-guns statute or the constitutional language on unfunded mandates.

He added that he and other lawyers for the statute's opponents were allowing time for counties to act, and then would decide what additional legal action to pursue.

The concealed-guns bills are SB1332 and HB1565.

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