NEWS

Newly relaxed concealed-carry, deadly-force laws put Missouri in the national spotlight

Will Schmitt
WSCHMITT@NEWS-LEADER.COM

The nation is watching Missouri, thanks to a new law that will make it easier to carry concealed firearms and lowers the bar for legal use of a gun in self-defense.

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Senate Bill 656 was vetoed by Democratic Gov. Jay Nixon in late June, but state legislators voted to override Nixon's rejection during Wednesday's veto session in Jefferson City. S.B. 656 loosens restrictions on firearms use is a number of ways:

  • It removes the permitting requirement for carrying a concealed weapon, with a few exceptions
  • It expanded the state's existing castle doctrine to include guests, such as baby-sitters, who now can defend the property as if it were their own
  • Individuals who carry concealed weapons are no longer required to undergo the training that goes with the permitting process
  • It creates a stand-your-ground provision such that people no longer have a duty to retreat before using deadly force
  • It allows for lifetime concealed carry permits; this extends the existing permitting allowance for anybody 19 or older
  • School districts can designate one or more employees as a "school protection officers," who can carry concealed weapons and use force as they deem appropriate.

The repeal of the CCW permit requirement is effective Jan. 1. There is an emergency clause that immediately allows those returning from active military duty to renew their CCW permits without penalty.

The other provisions take effect 30 days from the bill's passage Wednesday.

Permitless conceal-and-carry will be allowed in most cases but is not absolute under the bill. Concealed firearms are still not allowed in certain places including courthouses, police stations, schools and colleges, and churches, although consent can be granted by police chiefs, school administrators or ministers, respectively. The law also still applies to large sports arenas, public hospitals, riverboat casinos and day cares.

Concealed firearms also are prohibited "any place where the carrying of a firearm is prohibited by federal law" and "any private property whose owner has posted the premises as being off-limits to concealed firearms by means of one or more signs displayed in a conspicuous place."

The stand-your-ground provision means that people no longer have a duty to retreat before resorting to deadly force, if they are in a "location such person has the right to be" and reasonably believe their lives are threatened.

Debating the bill's merits

Lauded by conservatives, the bill has drawn fire from national commentators.

The New York Times' editorial board put a new spin on Missouri's nickname Friday in a column condemning the bill and calling Missouri "The Shoot-Me State."

By overriding Nixon's veto, The Times wrote, the legislature decided to "enact a wholesale retreat from gun safety in the state."

Nixon's veto letter said the bill will allow untrained and unchecked individuals — including those who would otherwise be denied permits by a sheriff's office — to carry concealed firearms and "would make Missouri less safe."

Also among the bill's opponents are law enforcement organizations and officials like Springfield Police Chief Paul Williams. Williams, who is president of the Missouri Police Chiefs Association, says the bill is unwise and will put state residents at risk.

"Daily Show" host Trevor Noah reacted with shock in Wednesday's episode, citing the concerns of law enforcement officials such as St. Louis Police Chief Sam Dotson while humorously skewering the bill.

Eric Burlison

Supporters, including Rep. Eric Burlison, say the bill protects the Second Amendment freedoms of law-abiding citizens. Burlison, who shepherded the bill through the House, staunchly defends what he and others have called a right to "constitutional carry" in the face of national attention.

Burlison, a Springfield Republican, was not surprised by Noah's take on his bill. "The Daily Show comes from a completely different perspective."

He said the bill protects the Second Amendment right to bear arms enjoyed by law-abiding gun owners.

Williams said a more nuanced discussion about concealed carry provisions appeared to have been lost, crowded out by black-and-white views on gun rights and political partisanship The debate over the bill spurred groups like the National Rifle Association and Moms Demand  Action for Gun Sense in America to get involved.

Springfield Police Chief Paul Williams

Williams said this turned the discussion into "anti-gun vs. pro-gun," and it's "pretty much a foregone conclusion how that's going to go in the state of Missouri."

The Springfield police chief said he had talked to some local legislators who understood and even agreed with law enforcement concerns, but not all outreach efforts were successful.

"Eric and I have not discussed this at length. We've just agreed to disagree," Williams said. "... (We) didn't really get anywhere with him with our concerns, so we did not have a discussion, and I'm not sure what his thoughts were and what kind of pressure he put on folks or anything."

Burlison said he did not "recall having a discussion with the chief on this issue. If he had concerns, he didn't bring them up to me."

Where do we go from here?

It's unclear exactly what effect the bill will have in Greene County, where the number of permits issued and denied has increased since 2009, according to information provided by the Greene County Sheriff's Office.

Sheriff's Office spokeswoman Cathy Ussery said "it is hard to predict how the 'Constitutional Carry' bill will affect the number of CCW permits issued."

The sheriff's office has issued 4,867 permits so far this year and denied 10, Ussery said, which continues a rising trend from previous years:

  • 2015 — 5,180 permits issued, 10 denied
  • 2014 — 4,024 issued, 15 denied
  • 2013 — 5,127 issued, 14 denied
  • 2012 — 3,625 issued, 9 denied
  • 2011 — 2,442 issued, 6 denied
  • 2010 — 2,277 issued, 3 denied
  • 2009 — 2,048 issued, 5 denied.

Ussery said deputies won't change their approach in dealing with people carrying concealed weapons.

"We consider everyone is armed until we determine otherwise," she said. "However, it would be appreciated if we were advised of the situation early on when practical."

Williams said it's important for folks to know how to inform police that they are armed with a concealed firearm.

"Let the officer know," he said. "Don't pull your gun out, don't make any movements to go get it."

Others, such as defense attorney Dee Wampler and firearms instructor Steve Collins, also stress the need for gun carriers to be responsible and educated. Both said they come down somewhere in the middle on the law: They support the expansion of stand-your-ground but question the looser concealed carry requirements.

Collins, who runs Springfield-based Martial Arms Tactical, said that while there might be fewer people seeking CCW training, he still expects to train those who are responsible enough to want to know when they can and can't carry a concealed weapon, under what situations deadly force is allowed under the stand-your-ground provision, and how to interact with law enforcement.

He said supports the bill as a whole, particularly the castle doctrine and stand-your ground expansions, but is not enthusiastic about allowing permit-less concealed carry, which he says is "going to cause a lot of confusion."

For Collins, being safe while carrying a concealed weapon is a matter of "staying out of other people's business."

"I'm not carrying a gun to defend society in general," he said. "That's what we have police officers for."

It might help to "take a lot of ego and pride of the equation," he said. And while he's "not a big fan of legislating constitutional rights," Collins says that people should still seek firearms education.

"You do have the responsibility to avail yourself of more training," he said.

Matt Canovi, another local firearms trainer and host of "The Gun Show," was less kind, calling the bill "bad legislation" and saying legislators "have now allowed irresponsible gun ownership."

The training provided by the permit process was beneficial, and now that's gone, he said. "Now they're going from something to absolutely nothing, and I don't see how that's a plus for the public."

Canovi, a Republican, supports the stand-your-ground and castle doctrine provisions. But he questioned the argument that the bill was necessary to protect constitutional rights, noting that some other restrictions on gun ownership are not questioned: "Nothing in the Second Amendment says a convicted felon can't have a firearm."

Dee Wampler

Attorney Wampler, a frequent guest on "The Gun Show," also supports the stand-your-ground provision but is concerned by the bill's complexity and the concealed carry allowance.

"Any person, 19 or over, can go to a pawnshop or a gun shop or wherever and buy a gun, and you can then carry a loaded gun anywhere, within reason," he said.

Wampler said people should be aware that people who shoot others can still be prosecuted criminally and sued civilly. Entrepreneurs might also be subject to more lawsuits if customers are injured or killed by an irresponsible gun carrier. Businesses might pass on higher costs of liability insurance to their consumers.

"It's gonna be 'Katy, bar the door!'" Wampler said. "All of these businesses, they're all going to lawyer up."

He noted that businesses might be more apt to ban guns from stores and enforce these measures with signs, guards and metal detectors. Wampler also worried that basic human failures will be magnified if more people are armed — if a person with a gun gets offended and overreacts, that overreaction could be deadly.

"Emotions and passions and intoxication can affect a person's thoughts," Wampler said. "I'm fearful that there will be more shootings in those situations."