Sheriffs hold off on concealed weapons permits

Sheriffs in the region are heeding guidance from the Missouri Sheriff's Association suggesting they prepare to issue permits but refrain from actually doing so.

Both the association and Missouri Attorney General Jay Nixon have asked sheriffs to wait until after a statutory fix clears the legislature before issuing permits to avoid lawsuits on the Hancock Amendment question. The sponsor of the disputed law, state Rep. Larry Crawford, R-California, filed legislation Wednesday to clean up the prior effort.

Several area sheriffs are taking the advice.

"When I heard about the Supreme Court's decision last week, I assumed everything was a go," Perry County Sheriff Gary Schaaf said. "But now certain elements have decided to bring up the issue of funding."

According to the law's original wording, a nonrefundable $100 fee was to be collected at the time of application for a concealed weapons permit. This money was to be placed in a sheriff's revolving fund and could be used for training and equipment.

Crawford's new bill -- HB 1565 -- would allow sheriffs to assess a fee to cover any reasonable expenses related to accepting and processing applications for concealed weapons permits.

As it stands, opponents threaten lawsuits if sheriffs pay a $38 fee to the Missouri State Highway Patrol to check fingerprint cards out of the $100 fee collected. They say because the law doesn't specifically say sheriffs can do this, it forces county commissions to fund the fingerprinting costs from another account -- amounting to an unfunded mandate and a violation of the Hancock Amendment.

"We have made no such account in the budget process, since we didn't know this was going to happen," Schaaf said.

Scott County Sheriff Bill Ferrell and Cape Girardeau County Sheriff John Jordan also have announced their offices will delay issuing permits. Ferrell said as soon as the funding issue is corrected in the statute his office will begin processing applications. But Jordan said he may not have to wait that long.

"A lot of counties are delaying because they don't have an account for the fees, but Cape Girardeau County does have such an account," he said. "So for us, that's not an issue."

Jordan met with the Cape Girardeau County Commission Monday morning. They will ask Prosecuting Attorney Morley Swingle for a definitive opinion on issuing permits. Jordan said it could take two weeks before an opinion is prepared. Swingle is currently busy in New Madrid County prosecuting a capital murder case.

'Just cool down'

Schaaf is asking his county's residents to be patient while the legislature works out the law.

"I suggest people wishing to make application for a concealed-carry permit just cool down and let the legislature straighten things out," he said. "This is also aggravating for those of us who have to administer the program, so I rightfully say that we know how you feel."

mwells@semissourian.com

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