MO: State Supreme Court Upholds Strong Right to Arms Amendment

Gun Watch ^ | 2 July, 2015 | Dean Weingarten

[marktwain]

The Missouri State Supreme Court has upheld Amendment 5, which provides increased protection of the right to keep and bear arms in the State.  From stlpublicradio.org:

Missouri Attorney General Chris Koster, a Democrat running for governor in 2016, has stuck by Amendment 5 as well -- despite heat he has taken from fellow Democrats, including St. Louis Circuit Attorney Jennifer Joyce.

In her own statement, Joyce said her office was closely reviewing the Supreme Court's decision.

"We remain very hopeful that we will retain our abilities to hold gun offenders accountable to ensure the safety of all citizens in the City of St. Louis," she said.

Koster reaffirmed his support shortly after the state Supreme Court announced its decision: “The court’s decision recognizes the common-sense belief of Missourians that strong support of the Second Amendment and strong support of law enforcement need not be in conflict in our state. I am grateful for the Court’s wisdom in this matter.”

Missouri Senate President Pro Tem Tom Dempsey also lauded the court's action.

This was not a surprising decision. The lawsuit was a desperate attempt to thwart the will of the electorate. It seems likely that the amendment will result in Missouri becoming a "constitutional carry" state as a result, joining Alaska, Arizona, Kansas, Arkansas, Wyoming, Vermont, and very likely Maine, where a bill is awaiting Governor Le Page's signature to become law.

All the "blood in the streets" predictions have proved wrong in those states.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Amendment 5 specifically removed the power of the legislature to regulate concealed weapons.

[Manly Warrior]

So, yes I suppose one needs to challenge the law regarding CCW ( 571 RSMO). Since my license is valid until 2019, I guess I am not injured by the laws right now. On the other hand, if I simply leave my CCW license home and eventually get the attention of a LEO, I could claim the Amendment negates my CCW license requirement, but since not having my license on my person while going about concealed is merely a citation, I doubt any traction would be gained; on the other hand, CCW licensees may carry openly any where not otherwise prohibited, once could draw attention perhaps much faster by open carry w/o license on hand.

[Cyclone59]

but it has recently been successfully argued, by a convicted felon, that the new law allows him to legally carry. There is no language that limits it to non-felons. The current law only allows legislators to create laws that will restrict, but does not list any restrictions. Sneaky bastards know exactly how laws and ammendments are written to be vague.

[marktwain]

I recall that case. It was about a non-violent felon. The case was actually quite clear.

The constitutional amendment clearly *violent* felons to be disarmed.

That is a reasonable precaution, as more and more “crimes” are being classified as felonies.

http://gunwatch.blogspot.com/2015/03/mo-court-enforces-constitutional.html

[marktwain]

clearly *violent” should be clearly allows *violent*

[mosaicwolf]

FYI, Arkansas is not a pure constitutional carry state. Open carry OK but concealed carry still requires a permit.

[marktwain]

No, concealed carry does not require a permit in Arkansas.

http://gunwatch.blogspot.com/2015/02/ar-controversy-about-constitutional.html

http://gunwatch.blogspot.com/2015/06/ar-bizzare-article-attempts-to.html

http://www.examiner.com/article/legislature-s-permission-not-needed-for-right-to-bear-arms-arkansas

[mosaicwolf]

You are incorrect. One must have a permit to carry a concealed handgun in Arkansas but NO permit is needed anymore for OPEN carry. That is why I said Arkansas is not a PURE Constitutional carry state. If it were, no permit would be needed for any type of firearm carry.

[marktwain]

Did you read the articles at the links?

Why do you think that a permit is needed for concealed carry in Arkansas?

[mosaicwolf]

Marktwain said:..."Did you read the articles at the links? Why do you think that a permit is needed for concealed carry in Arkansas?"

For a couple of reasons. One, my CHCL expires in Oct and must be renewed. (The State sent me this info last week) and two, reference,

https://www.ark.org/asplicense/chcl_application/chcl.aspx

If you are correct there are a lot of folks in AR that are getting ripped off for unneeded application and renewal fees.

[marktwain]

As with all the other states that have gone to constitutional carry since 2005, Arkansas has retained its concealed carry permit system. The permit gains reciprocity with a number of other states. In most states the permit allows people to buy guns at dealers without going through the instant check system.

Arizona, where I live, still has a concealed weapons permit, and I maintain one, even though none is needed to carry concealed.

There are good reasons to keep the permit system in place, but because it is there, that does not mean one is needed to carry concealed legally.

[mosaicwolf]

You raise some good points. I am aware of the ease of buying handguns with a valid CHCL and importance of limited state reciprocity for us travelers. However, I still think a permit is required in AR for concealed carry. I am going to call the Arkansas State Police this afternoon and get their guidance and interpretation of the law. I will let you know what I find out.

[marktwain]

Thanks, I am looking forward to it.

You may need to ask some pointed questions to get a straight answer.

For example, if a person were carrying a concealed weapon, and did not have a permit, what statute would he be charged with?