NewsOctober 11, 2003
JEFFERSON CITY, Mo. -- Republican Secretary of State Matt Blunt is weighing whether to reject newly proposed rules from Democratic Gov. Bob Holden's administration that would prohibit most people from carrying concealed guns into state government buildings...
By David A. Lieb, The Associated Press

JEFFERSON CITY, Mo. -- Republican Secretary of State Matt Blunt is weighing whether to reject newly proposed rules from Democratic Gov. Bob Holden's administration that would prohibit most people from carrying concealed guns into state government buildings.

State regulations currently prohibit any guns or weapons in state buildings, unless authorized by law.

But a new law -- originally scheduled to take effect today but put on hold by a judge -- sets up a process for adult Missourians to receive permits to carry concealed guns, which then could be brought into state-owned-or-leased buildings.

Holden claims emergency rules are needed to once again ban guns and weapons in Missouri government buildings. The proposed emergency rules, filed late Thursday with the secretary of state's office, would take effect Oct. 19.

Blunt, the likely GOP challenger to Holden in the 2004 governor's election, is responsible as secretary of state for publishing administrative rules. Thus, he can block them from taking effect if he determines they do not comply with the law.

On whose authority

"We will be considering whether or not the governor has the authority to issue the rules" banning guns from government buildings, "and whether or not they meet the definition of an emergency rule making under Missouri statutes," Blunt spokesman Spence Jackson said Friday.

Jackson added later in the day that "our preliminary impression is that arguments made in the press by the administration meet the minimum legal threshold."

Blunt is expected to reach a decision by next Tuesday or Wednesday, Jackson said.

The concealed guns law, which the legislature enacted Sept. 11 by overriding Holden's veto, specifically bans permit holders from bringing hidden guns into courthouses, prisons and jails, and any meetings of governing bodies, such as the legislature or city councils.

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It also states that the legislature, Supreme Court, counties and cities may prohibit permit holders from bringing concealed guns into buildings they own, lease or control. Neither the governor nor the executive branch of state government is included in that list, and the law says the provision "shall not apply to any other unit of government."

But Holden's chief legal counsel contends the concealed guns law does not limit the executive branch's previously established powers to issue administrative rules.

Amending existing policies

The proposed rules, issued by the Office of Administration, would amend existing policies that prohibit everything from weddings to camping to carrying guns on the grounds of state buildings.

Holden's office has pointed to state laws giving the administration general rule-making power and to a specific law giving the Office of Administration's Division of Facilities Management the authority to ensure buildings are "clean, safe and secure," among other things.

The proposed rule changes may also be reviewed by the legislature's Joint Committee on Administrative Rules.

That panel does not have any veto power over rules, but its recommendations to agencies issuing rules typically are followed and also are taken into consideration by the secretary of state's office.

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On the Net:

Gov. Bob Holden: http://www.gov.state.mo.us

Secretary of State Matt Blunt: http://www.sos.mo.gov

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