If the injunction stands and the subsequent case is decided to make the injunction permanent, then that means that the MO legislature does not have the power to "allow" or "decriminalize" concealed carry. However, since the constitutional provision does not specify what level of offense concealed carry would be, that means that it is up to the legislature to specify what kind of offense it is. Perhaps the MO legislature should pass the following law.
A person can prepay a $100 fine for violating the infraction of carrying a concealed weapon and declare to a sheriff that they have taken an approved gun safety course and will carry a concealed weapon. Then, the sheriff has thirty days to investigate the person's background and the evidence provided that the person took the training. Then, unless certain disqualifications come up, then the sheriff must issue a receipt of payment of the fine (good for 4 years) and any person found by a law enforcement officer to be committing the infraction of carrying a concealed weapon may show that they have paid the fine and the law enforcement officer must then allow the person to continue on their way (with their weapon) unless the officer has reason to believe that some other offense is occurring. Of course, someone who has not "prepaid" the fine would be treated differently and the legislature could specify how.
Another possibility (which would be different from the apparent intent of the current MO legislature) would be the following. Simply make concealed carry an infraction for which the fine of one penny shall be paid on the spot to the officer (who shall make out a receipt) and no more than one fine may be levied against any person in any day. (I.e. the most you could possibly pay in fines each year would be $3.65, or $3.66 on leap years.) Of course, in this case, you would in essence have legalized CCW without a permit since no officer (or department) is going to want to run around making out stupid receipts for a penny and keeping track of the money.
I suppose the final possibility (also with different effect) would be for the legislature to simply declare that concealed carry is an infraction against the good order of the state but that no penalty shall be imposed for such infraction and no record shall be kept of anyone who has been found committing such infraction.
Here's a question for the attorneys out there (since I'm not one myself): does the MO legislature have the power to pass any of the above laws (or how could it possibly *not* have that power!?) and if so doesn't that mean it has the power to pass the law it just passed?
Clayton Cramer wrote, in part:
http://www.claytoncramer.com/weblog/2003_10_05_archive.html#1065929095871=51429
Lowell C. Savage It's the freedom, stupid! Gun control: tyrants' tool, fools' folly.
