Fix OK'd for concealed-gun lawPlan lets sheriffs use fees to cover costs of issuing permitsJEFFERSON CITY Senators gave final approval Tuesday to legislation intended to fix a flaw in Missouri's concealed-guns law.
In a highly publicized ruling last year, the Supreme Court upheld the legality of concealed guns, but it said the law's funding mechanism could impose an unconstitutional, unfunded mandate on local governments.
The Senate on Tuesday passed a bill 29-3 that seeks to correct the flaw. The House passed the same bill 142-7 in March. The bill now goes to Gov. Matt Blunt and will become law as soon as he signs it.
Legislators enacted the original law in September 2003 by overriding a veto of then-Gov. Bob Holden.
The law allows most Missourians age 23 and older to receive concealed-weapons permits from their local sheriffs after passing a firearms training course, clearing a fingerprint background check and paying a fee of up to $100.
The current law allows sheriffs to use the fee only for equipment and training not for personnel or the costs of the fingerprint background checks. Because of that, the Supreme Court said, counties could be hit with new uncompensated costs.
The legislation passed Tuesday lets sheriffs use the money to cover all costs stemming from the concealed-guns law, including the background checks and the employment of additional staff. If the $100 fee is not enough to cover the costs, then the legislation allows sheriffs to apply for reimbursement from the state Office of Administration.
Despite the legal uncertainty about the law's fee structure, every locality except St. Louis city and St. Louis County gradually began issuing permits following the Supreme Court's February 2004 ruling.
http://www.kansascity.com/mld/kansascity/news/local/11556470.htm*FW Note: They could have avoided this whole exercise by simply getting out of the way and allowing The People to exercise their rights without having to ask for permission.
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