New Mo. gun law goes into effect, gets mixed reviews locally

In his January 2007 State of the State address, Gov. Matt Blunt hoped for clarity in Missouri gun-law legislation.

Blunt's intentions may have been clear, but the legislation, as written, apparently was not, forcing Attorney General Jay Nixon to send letters to firearms dealers across the state, explaining the law that went into effect yesterday and its impact on gun buyers and sellers.

Simply stated, a permit from the county sheriff is no longer required for the purchase or sale of a concealable firearm. Federal firearms laws already in place will still govern the sale of handguns and a background check is still required. Except in certain circumstances, the sale of handguns or handgun ammunition to a juvenile is still not permitted and there are other Federal restrictions on what Nixon called "certain people ... in certain circumstances."

Shawn Cott of Cott Firearms is very pleased with the new law. "It's just less hassle," he said, adding he has some customers who will probably buy a concealable weapon now that the extra permit isn't necessary. Cott expects an increase in his business because of the change.

Sheriff Wally George isn't happy with the situation. "It's a bad law," he said. "It's the most ludicrous bill ever passed by a legislature."

George believes there will be more than a few people in Missouri buying guns who shouldn't have them. And he said, "It puts law enforcement officers in more danger than they already are."

The veteran lawman adds, "NICS checks are okay, but I know the people in this county and who should have a gun and who shouldn't." He adds, "I've been challenged on appeal a few times, but the judges have upheld my decisions." George has often attended auctions where guns are sold, providing on-the-spot sheriff's permits to buyers and says there are hundreds of such sales statewide that now will have only the information gathered under NICS to rely on. NICS is the National Instant Criminal Background Check System conducted by the FBI.

Another change taking effect yesterday brings Missouri into line with some of its neighboring states and at least 15 states nationwide by adopting what's been called the "Castle Doctrine," removing from the law a requirement that victims must attempt to flee if attacked in their home before they are legally justified to forcefully defend themselves against their attacker.

Criminal charges or civil suits against Missourians who use "justifiable force" to defend themselves are also prohibited. In some states, the law commonly extends the definition of "home" to include any place a person is legally entitled to be, such as their place of work or their car.

Sheriff George is in full support of this change in Missouri law. "Home invasions are more common than ever before," he said, adding that the removal of the "duty to retreat" before taking action is more than warranted by that fact alone.

The bill was sponsored by Sen. Jack Goodman, R-Mount Vernon, and Rep. Marilyn Ruestman, R-Joplin.

Contact Kathy Fairchild at

marshallhealth@socket.net