The Bar Speaks
Dear Editor:
I read with interest Mr. Ewing’s article on the interplay between Missouri’s new concealed carry law and existing statutes governing weapons’ offenses. He makes an interesting argument that concealed carry permit holders cannot be prosecuted for openly carrying firearms into certain locations where concealed carry is prohibited (even for permit holders). That argument merits additional attention in the next legislative session.
That said, Mr. Ewing also repeatedly states that because of the new concealed carry law, "schools are not safer, churches are not safer, and state and local government buildings are not safer" because "before concealed carry these were gun-free areas." Of all people, a prosecuting attorney should know that a person intent on committing an act of murder or robbery with a firearm is not going to be the least bit deterred by the fact that, in addition to a murder charge, the prosecutor will tack on an unlawful use citation. Our schools, churches, and government buildings are no less safe than they were a year ago. Multiple laws were violated by the school shooters in such places as Columbine and Jonesboro. One more law would not have made those schools safe. If Mr. Ewing feels another law is necessary, I propose we make it illegal to shoot people in schools and churches. That should cover the bases and keep us all safe.
Furthermore, Mr. Ewing suggests that "violating the rules for concealed carry, by carrying a concealed weapon into a prohibited area or otherwise in violation of the rules of concealed carry, should be crime for which [he] may prosecute the offender." Why? I believe our legislature was wise in not creating a new class of criminals, whose only error was in not seeing a sign obscurely posted on their way into a restaurant, or merely forgetting to remove their firearm on an otherwise peaceable trip. Simply pointing out to the permit holder that he or she cannot carry in the subject location is sufficient, and if the permit holder does not leave, he or she can be fined and lose the right to carry.
It should be remembered that those who go through the trouble to obtain a concealed carry permit have taken a state- mandated training course, have gone through law enforcement background checks verifying that they are law-abiding citizens, and have made a substantial investment in order to lawfully carry a concealed firearm. Instead of wasting resources turning lifelong law-abiding citizens into criminals, I suggest our elected officials spend their valuable time and expertise working to protect us from those whose lives evidence a lifelong disregard for our laws and harm others in the process.
We frequently heard from those opposed to the notion of concealed carry that there would be Wild West shootouts and blood running in the streets if a concealed carry law passed. That has not happened anywhere in the United States (where the vast majority of states have concealed carry laws), and it will not happen in this great state. Fix the unintended consequences, yes, but do not make momentary inattentiveness by an honest law-abiding citizen a crime.
Very truly yours,
Justin A. Harris, Esquire
LOWTHER JOHNSON
Attorneys at Law, L.L.C.
Springfield