OFFICIAL PUBLICATION OF THE AFFILIATED WITH THE NATIONAL RIFLE ASSOCIATION AND THE
CONSERVATION FEDERATION OF
OFFICIAL PUBLICATION OF THE
AFFILIATED WITH THE NATIONAL RIFLE ASSOCIATION AND THE
CONSERVATION FEDERATION OF
By Mitchell Peters
It was my sincere hope that I would read, write, or edit my last article on License To Carry (LTC) shortly after the Missouri Supreme Court (MOSC) issued their opinion in an unscheduled release on February 26th. Unfortunately for all parties involved the MOSC decision is legally convoluted. Unfortunately for the Editor, TMS, MSSA and all pro-gun rights parties; this issue will not be completely settled for a long time. And so, the License To Carry saga continues...
The MOSC upheld the premise of LTC as constitutional; however the implementation was deemed unconstitutional in four (4) counties. The court decided the wording of the bill in regard to how fees are collected and applied violates the Hancock Amendment as an unfunded state mandate. Evidence to support this violation was provided by four and only four counties and the decision only applies solely to those counties. The court did however open the door and welcome law suits from all the remaining counties in the state. A few counties decided to take permit applications and fewer still issue licenses. The vast majority of counties chose to do nothing at all!
Further confusion amongst all parties on both sides of the issue was expressed concerning when the upheld portions of the law take effect. The question was when car carry and out of state concealed carry licenses are valid. Some parties claim they are valid the day of the decision (2-26), others fifteen days later (3-12). Meanwhile plaintiff’s attorney’s Neuman and Miller filed an appeal to the MOSC decision, was overruled March 30th. More importantly to pro-gun supporters, legislation was introduced to fix the Hancock portions of the bill. This quick fix however seems to have stalled at the legislature, and will probably be anything but quick.
To quote pro-gun activist Tim Oliver, “Since some counties are issuing permits the bell has been rung and it cannot be unrung.” Still some counties may continue to refuse to issue permits for a long time, waiting for a lawsuit, the legislature, or the MOSC to clarify the law. On the bright side as I write this at least ¼ of all MO counties are either taking applications and or issuing permits, and more will follow. Conventional wisdom would suggest the holdouts will be the cities and urban / suburban areas.
St. Louis County Police Chief, Ron Battelle and Hazelwood Police Chief Carl R. Wolf have been especially vociferous in opposition to the law and its implementation. MSSA Director and legal advisor, Kevin Jamison-Attorney at law, described comments made by Battelle as asinine, inaccurate, and legally indefensible. Attorney Sam Murphy, a Marine Corp veteran, and shooting enthusiast remarked that Battelle’s comments were very close to crossing the line, and were meant to intimidate and generate fear, and thus prevent the legal carry of concealed weapons in the county. No normal person wants to be prosecuted to prove their legal rights.
While counties refusing to issue applications and or permits continue to delay what will probably be an inevitability. These counties furthermore are refusing what could be a lucrative source of revenue and are denying law abiding citizens their right to self defense. They are also denying business’s loss of sales for firearms, ammunition, holsters, accessories, gunsmithing, and firearms training.
Missourians have circumvented
most common non-resident LTC permit currently available to Missourians is the
A great way to spend that $50.00 is to send it to the
License To Carry-Legal Defense Fund which is still
about $45,000.00 short of what is needed. Donations can be sent to LTC-Legal
Defense Fund, 2000 E. Broadway,
K. L. Jamison
predictions of bloodshed following a concealed carry law are refuted by the
experience of forty-five other states, and were rejected by a super-majority of
provision of the License to Carry law, licenses issued
by other states are recognized by
Concealed carry reform advocates have labored
for over thirteen years to establish a system requiring safety, legal training,
firearms training, a fingerprint background check, and ample fees for sheriffs.
The plaintiff lawyers want to change that. The result will be that everyone who
wants a license will get an out of state license. The plaintiffs' lawyers will
have forced a system on
Who Is Responsible For The Hancock Problem?
By DAVID A. LIEB, Associated Press Writer
Edited by Mitchell Peters
“I get asked this question, in some form, many times a day. Here is the
answer. The lobbyist for the
This is the complete story by David A. Lieb, Associated Press Writer. ---The TMS Editor
That's because the language cited by the court as triggering an illegal, unfunded mandate was added to last year's concealed weapons legislation at the behest of the sheriffs' lobbyist. ``I guess it's ironic,'' Jorgen Schlemeier, the lobbyist for the Missouri Sheriffs' Association, acknowledged Wednesday when asked about the language.
Missouri Supreme Court last week upheld the Legislature's right to legalize
concealed guns but said the law imposed new duties on sheriffs without covering
their full costs. The court found the law therefore violated the so-called
Hancock Amendment to the Missouri Constitution. As such, the court said four
counties that presented trial evidence about costs did not have to implement
the law. But the court essentially laid out a roadmap for similar cost
challenges to be raised in
At issue in the Supreme Court's ruling is a provision requiring sheriffs to charge applicants for concealed gun permits a nonrefundable processing fee of up to $100. The law directs the money to local accounts that can only be used for law enforcement equipment and training. Sheriffs therefore cannot use the money to pay for the required fingerprint and background checks, or for the personnel needed to handle the applications, the court said. Yet the language limiting the money to being spent on law enforcement equipment and training was not in the original bill filed last year by Rep Larry Crawford, R-California. He said it was added at the request of Schlemeier.
Schlemeier said, “His fear was that county officials would try to tap into the fund for roads or other uses, or that some people would use the money for pay raises or new patrol cars. The intent was to limit only the use of any extra money not needed for background checks or processing costs. I didn't contemplate the Supreme Court would read it quite the way they did.”
Crawford recalled that the sheriffs wanted to have the potential to make money on the concealed weapons applications, and to keep what they made. ``They said, `We need money for equipment and training. I said, conceal-carry would be more than happy to donate any overage to that, Said Crawford.” To try to comply with the court's ruling, Crawford is sponsoring legislation this year that would allow the funds to be spent on any costs reasonably associated with processing the permits. His bill is awaiting a House committee hearing, the first step in the legislative process.
By Tim Oliver
I received the Invoice for Legal Fees & Services owed Sandberg, Phoenix and von Gontard, through February 29, 2004 earlier this week.
Here are the currently owed fees broken down by date and amount invoiced.
October 31, 2004 $30,849.85
November 30, 2004 $25,157.88
December 31, 2004 $13,553.20
January 31, 2004 $23,962.47
February 29, 2004 $ 6586.95
Total LDF Contributions To Date
Total Paid To Sandberg,
Cash on hand in the Bank: $294.00
PayPal account amount in transfer not yet in the Bank: $48.25
Total on hand once PayPal Donations clear: $344.25
Current Balance Due Sandberg Phoenix & von Gontard after all payments to date: $46,110.35
NOTE: This does not include any funds collected for the Gun Rights Victory Raffle, (GRVR). No money has yet been transferred to the LDF from the Gun Rights Victory Raffle which ends June 19, 2004.
Donations to the LDF have slowed down in the last 30 days. I have received several emails from people who said they were sending money to the Gun Rights Victory Raffle instead of the LDF. (Due to money sent to the GRVR, including the chance to win some nice guns and Training). I can't say I blame them for that decision.
During the first week of our legal battle (10/11/03) I asked Peter to provide an estimate of the expected cost to fight this through a Hearing at the Missouri Supreme Court. (MOSC). The amount he estimated on day 3 of the LTC lawsuit was $75K. This figure was based on having two Hearings at the Trial Court (Judge Ohmer's Ct.) with Briefs to the Trial Court, two rounds of Briefs to the MOSC and a Hearing at the MOSC. The Legal Team ended up making 5 trips to the Trial Court. The result being, Judge Ohmer's Ruling that the LTC Law was unconstitutional *Only* on Article I section 23, and that the Hancock issues created no constitutional problems, and also that the Plaintiff's $250K Bond would remain at risk. For a day by day account, see; http:/www.learntocarry.com/news/lawsuit/timeline.shtml
As my friend John Ross once said, "Never Underestimate the Mendacity of Your Political Enemies" (see Ross In Range, http:/www.john-ross.net./battle.htm). The Plaintiff's, (after missing the time deadline for filing) Cross Appealed at the MOSC on *all* the issues in which Judge Ohmer had Ruled against them. So, instead of preparing Briefs on only one issue, we had to Brief and be prepared to argue ALL the original issues again! Even thought we were working in coordinated effort with the AG's Office, the NRA's counsel, Michael Minton and Stephen
Halbrook, (who prepared the NRA Amicus Curie Brief), this still took considerable time to research, write briefs with cites, and prepare to argue, further causing the original estimate to be substantially low.
The battle is not yet
over! We have filed a Motion to keep
the Bond in place and filed a Motion to make Recovery against that Bond. We
needed to see that the Plaintiff's Bond is not released, so that parties harmed
by the permanent injunction are allowed to make claims against that Bond. When
the Plaintiffs filed a Motion for Rehearing on
While the Judgment of the court was less than the clean victory we wanted, we won on four out of five issues. Applications are being taken in more than 20 counties. Four or five counties have already Issued Permits! This is a bell that cannot be unrung! While we are short of final victory on the Hancock issue, and we are still after the Plaintiff's Bond money, Missourian's *are* legally carrying concealed weapons! This is HUGE! While your county may not yet be accepting applications and issuing permits, most will be coming on line in the next 30-45 days. It is my prediction that 80% of the counties will be up and running in that time frame. The more sheriffs Issue, the more will Issue.
Our Legal Team fought a brilliant fight. They fought on my
promise to raise the money to pay their fee. Donating to the Legal Defense Fund
is no longer a donation with an uncertain outcome. It is paying the price for a
right restored. Please donate to help pay the debt for this great victory. We
owe it to the Legal Team that brought it about. All funds, that's
right, 100% of donations to the LTC-LDF go to pay the Legal Team's fees and
cost. No money is spent on administering the Fund or expenses or even stamps to
send the checks to Sandberg,
This year’s MSSA-NRA Junior
Rifle Camp will be held
John Leinberger @ 573-943-6632
How To Buy CMP Rifles
By Kent Finlay
Mitch Peters told me that several MSSA members called him in the last few months wanting information on how to buy CMP rifles. He suggested that I take a moment to write an article for those folks interested in purchasing firearms from the CMP.
currently available include M1917 “Enfields”, several
M-1 Garands variants, 1903 / 1903A3
You must provide a copy of
· You must provide proof of age. Usually proof of citizenship also provides proof of age. In those cases where it may not, a driver’s license is sufficient.
· You must provide a copy of your current membership card or other proof of membership (If your club does not issue cards), in a CMP affiliated club. This requirement cannot be waived. A listing of affiliated clubs is available at www.odcmp.com/Clubs/List.htm. MSSA membership at only $15 is about the least expensive option. Note: Club membership is NOT required for instructional publications or videos or CMP memorabilia.
· You must provide proof of participation in a marksmanship related activity or otherwise show familiarity with the safe handling of firearms and range procedures. Your marksmanship related activity does not have to be with highpower rifles; it can be with smallbore rifles, pistols, air guns or shotguns. Proof of marksmanship participation can be provided by documenting any of the following:
· Current or past military service (DD-214).
· Current or past law enforcement service
· Participation in a rifle, pistol, air gun or shotgun competition (provide copy of results bulletin).
· Completion of a marksmanship clinic that included live fire training (provide a copy of the certificate of completion or a statement from the instructor).
· Distinguished, Instructor, or Coach status.
· Concealed Carry License.
· Firearms Owner Identification Card.
· FFL or C & R license.
· Completion of a Hunter Safety Course that included live fire training.
· Certification from range or club official or law enforcement officer witnessing shooting activity. A form for use in completing and certifying your range firing can be downloaded from the CMP web site at http:/www.odcmp.com/forms/marksmanship.pdf
No proof required if over age 60.
NOTE: Proof of marksmanship activity is not required for purchase of ammunition, parts, publications or memorabilia.
The information you supply on your application will be submitted by the CMP to the FBI National Instant Criminal Check System (NICS) to verify you are not prohibited by Federal, State or Local law from acquiring or possessing a rifle. Your signature on the Purchaser Certification portion of the purchase application authorizes the CMP to initiate the NICS check and authorizes the FBI to inform CMP of the result. IMPORTANT: If your State or locality requires you to first obtain a license, permit, or Firearms Owner ID card in order to possess or receive a rifle, you must enclose a photocopy of said item for your purchase.
Order forms and other required documents may be downloaded from http:/www.odcmp.com/Forms/1orderform.pdf
Orders received without notarized signature will not be processed.
For a catalog or more detailed information please call or write the Civilian Marksmanship Program at:
Tel: 256-835-8455 / Fax: 256-835-3527
SPECIAL APPEAL FOR DONATIONS
By E. Lee Koester, MSSA Treasurer
At the December MSSA meeting the directors voted to donate generously to help with the legal fees that have accrued with the fight for License To Carry. Even though the MO Supreme Court has upheld this legislation, it appears that there will be more legal battles to fight. In order to replenish funds that MSSA has spent and to be prepared for future needs, MSSA is making this special appeal. We are asking that you donate as generously as your means allow. Thank you in advance.
For a limited time, you can receive the following awards for your donations to MSSA.
$10.00-receive one MSSA decal
(specify inside or outside)
$25.00-receive above and either MSSA brassard or Personal Firearms Record Book (please specify, if no choice, MSSA will choose.
$50.00-receive all specified above and 2001 NRA Convention commemorative T-shirt (sizes XXL, XL, and a few M are available in black or gray, please specify size and color choice)
$100.00-receive all specified above and MSSA logo cap (specify black or tan)
$300.00-receive all specified above and MSSA golf shirt (sizes XXL, XL, and a few M are available in black or gray, please specify)
$500.00-receive all specified above and a 1 year renewal or gift membership, specify to whom the gift would be given)
$1000.00-receive all specified above and an additional 4 year renewal or gift membership
*** Shirts may be limited in supply-Substitution of items will be of the same of greater value.
Send all donations to: