Judge rules against concealed guns measure [Permanent Injunction by St.Louis Judge]

kmbz.com ^ | Friday, November 7, 2003

[TroutStalker]

ST. LOUIS (AP) - A St. Louis judge on Friday permanently barred Missouri's concealed guns law from taking effect, saying it violates the state constitution.

The ruling by Circuit Judge Steven Ohmer made permanent an injunction against the law, which lawmakers approved in September by overriding a veto by Gov. Bob Holden. A statement from Ohmer said the law violates Article I, Section 23 of the Missouri Constitution that states the right to bear arms "shall not justify the wearing of concealed weapons.''

A spokesman for Attorney General Jay Nixon did not immediately know if an appeal was planned. Nixon was expected to issue a statement later Friday. He has said in the past that whichever side lost would almost certainly appeal to the Missouri Supreme Court.

Ohmer granted a temporary injunction Oct. 10 blocking the concealed guns law, which would have taken effect the following day.

"Today's ruling will help protect the people of this state who voted against conceal and carry in 1999,'' Holden said, noting the law would have allowed concealed guns in places such as schools, hospitals and day care centers.

[eno_]

No matter what you think of the XIVth, this judge has his head willfully far up his ass.

[IGOTMINE]

The tyranny of the judiciary continues unabated.

[Carry_Okie]

Bang!

[E. Pluribus Unum]

Never, ever, ever, ever, EVER let the bastards have the last word.

It's the only thing they understand.

[buffyt]

Our concealed handguns licenses here in TX have not increased crime/murders. We do still have women who run over their husbands, though.....

[blackie]

The Second Amendment...
America's Original Homeland Security!

Stop the attacks on our God given Rights by the extreme wacko left-wing anti-gun nazis!

The Right Of The People To Keep And Bear Arms Shall Not Be Infringed!

An Armed Citizen, Is A Safe Citizen!

Guns Save Lives!

No Guns, No Rights!

Freedom Is Worth Fighting For!

Molon Labe!

FMCDH!

[The Other Harry]

"shall not justify" is a confusing term. It is not the same as "shall not permit" or "shall not allow for".

In the case of ambiguity, it would seem like the voters' wishes should be given deference.

[jdege]

http://www.mofirst.org/essays/impeach-ohmer.htm

[Dan from Michigan]

Time to recall or impeach the judge.

I am SICK and TIRED of little Hitlers in black robes and their activist agenda. It's time for them to be put out to pasture.

Or even time for people to simply say @#^@ you judge, ignore them, and do what Lincoln did.

[HiTech RedNeck]

A statement from Ohmer said the law violates Article I, Section 23 of the Missouri Constitution that states the right to bear arms "shall not justify the wearing of concealed weapons.''

How back-arseward. The provision at worst only means that the state constitution's rtba can't be cited to strike down a ban IF IT EXISTS. Not that there is constitutionally required to be such a ban.

[weaponeer]

So, I guess this means that the State law that provides for the police to carry any concealed firearms is also unconstitutional? A citizen can challenge the law and this judge will overturn it, and no cops in Missouri will be allowed to carry concealed?

Yeah, right.

[Teacher317]

Makes me want to become a judge just to leave one less spot for those Socialistic bastards.

[HiTech RedNeck]

"Today's ruling will help protect the people of this state who voted against conceal and carry in 1999,'' Holden said

Holden his what? Holden his eyes squeezed tight shut? Those people like the others will be MORE at risk, not less. More guns => less crime.

[marktwain]

"shall not justify" is a confusing term. It is not the same as "shall not permit" or "shall not allow for".

It absolutely clear in the context of the constitution. It means that you have a constitutional right to carry arms, but the constitutional right does not extend to concealed carry.

It is only confusing because the other side lost, and as the usual crybably liberals who are not willing to follow the rules, they now run to their liberal judges to remake the constitution and repeal the will of the legislature.

[School of Rational Thought]

Racism still runs deep in Missouri and apparently the judiciary. Anyone following developments in Missouri understands that effort to keep gun rights out of Kansas City and St. Louis. Kansas City and St. Louis being the modern code for blacks. History continues to repeat itself. Once called "Jim Crowe" is now called "common sense gun laws".

[m1-lightning]

the Missouri Constitution states the right to bear arms "shall not justify the wearing of concealed weapons.''

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

It's like the old Sesame Street song: "one of these quotes is not like the other, one of these quotes just don't belong"

[spunkets]

"the Missouri Constitution states the right to bear arms "shall not justify the wearing of concealed weapons.""

The judge is stupid. The legislature justified it.