Posted on 06/03/2004 7:40:51 PM PDT by Drammach
Posted on Thu, Jun. 03, 2004
Clay County to accept concealed-weapon applications
By MATT CAMPBELL The Kansas City Star
Clay County will begin processing applications to carry concealed weapons in mid-August, Sheriff Paul C. Vescovo III announced Thursday.
The sheriff said he will ask the Clay County Commission to purchase a $25,000 electronic fingerprinting system to expedite sending the applications to the Missouri Highway Patrol.
Clay would be the second Kansas City-area county to accept concealed-weapon applications under an often-confusing 2003 state law.
Cass County currently accepts the applications
Officials in Clay, Platte and Jackson counties have previously said the lack of state funding for background checks was keeping them from accepting concealed-weapon applications.
But Clay County has been under some pressure from citizens to follow most of the other counties in the state in accepting applications.
“I cannot in good conscience continue to delay upholding a state law that has been ruled constitutional by the Missouri Supreme Court,” Vescovo said in a prepared statement.
“It is my hope that the legislature in the future will address the funding concerns of this law.”
Clay County Presiding Commissioner Carol McCaslin said Thursday the commission might take up the matter of purchasing an electronic fingerprinting system at its Monday meeting.
“It is not a surprise,” McCaslin said. “We knew this was coming.”
An electronic system is considered important to meet the 45-day timeline imposed by the state law to approve or deny a concealed-weapon permit.
The Missouri Highway Patrol, which conducts background checks on individual applicants for the counties, says the electronic system is faster and more efficient than mailed or hand-delivered fingerprints.
As of Thursday, 87 of the state's 114 counties _ plus three police departments in Boone County _ had submitted a total of 7,331 applications for concealed-weapon permits.
The number of those applications that have been approved is not immediately available because that is a decision made by individual counties.
Kansas City lawyer Richard Miller said Thursday that Clay County was exposing itself to a possible challenge from taxpayers that it is violating the state constitution by spending money on the application process.
Miller said the law was drafted in such a way that counties have to walk a tightrope to adhere to the Constitution's Hancock Amendment, which forbids tax increases without voter approval.
If a county uses an electronic fingerprinting device for purposes other than submitting concealed-weapon applications, it must charge applicants exactly the percentage needed to cover the cost of processing those applications, he said.
For example, if the department uses the $25,000 machine half the time for concealed-weapon permits, then the fees it charges must equal half the machine's cost.
If it charges more, that would be an unapproved tax. If it charges less, that would mean spending county resources for an unfunded mandate, Miller said.
Vescovo said Thursday his department would use the machine for other law enforcement business.
He said his staff had calculated that the county would need to charge concealed-weapon applicants $90 to cover the cost of processing the permits and remain within the confines of the constitution.
That fee could change, however, depending on the number of applicants.
To reach Matt Campbell call (816) 234-4905 or e-mail to mcampbell@kcstar.com
Missouri ping to you and anyone that may be interested..
I bet the KC Red Star will cry another river tomorrow over this.
Nice first post.
Looks like you did a good job in posting this story.
Thanks for pinging everyone.. Much appreciated.. ;o)
How nice of them to finally recognize (at least partially) a Right which thousands of Americans died in order to secure.
Seems this Sherriff understands that..
Or maybe he's up for re-election, I don't know which..
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