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Tag Archives: SB 656

SB 656: override

14 Wednesday Sep 2016

Posted by Michael Bersin in Missouri General Assembly, Missouri Governor, Missouri House, Missouri Senate, Uncategorized

≈ Leave a comment

Tags

guns, missouri, override, SB 656, veto

Tonight in Jefferson City:

sb656091416

House Communications ‏@MOHOUSECOMM
#MOHouse overrides the veto of SB 656 (Concealed Carry) by a vote of 112-41.
8:15 PM – 14 Sep 2016

Welcome to the new Missouri. Stand your ground and free for all concealed carry.

Previously:

CCS HCS SB 656: hypocrisy (May 14, 2016)

Gov. Jay Nixon (D): on SB 656 (“stand your ground”) and HJR 53/HB 1631 (voter ID) (June 16, 2016)

Gun crazy (June 25, 2016)

This times 32,283* (June 27, 2016)

Gov. Jay Nixon (D) vetoes SB 656 (June 27, 2016)

Gov. Jay Nixon (D) vetoes SB 656

27 Monday Jun 2016

Posted by Michael Bersin in Missouri General Assembly, Missouri Governor

≈ 1 Comment

Tags

guns, Jay Nixon, Misouri, SB 656, veto

Governor Jay Nixon (D) vetoed SB 656 this morning:

Gov. Nixon vetoes no training, no background check, no permit concealed carry
June 27, 2016
Senate Bill 656 would have eliminated requirement that individuals obtain training, education, a background check and a permit in order to carry a concealed firearm

Jefferson City, MO – Gov. Jay Nixon today vetoed Senate Bill 656, which would have eliminated the current requirements that individuals must obtain training, education, a background check and a permit in order to carry a concealed firearm in Missouri. The bill would have allowed individuals, including those from other states, to legally carry a concealed firearm even though they have been denied a permit because their background check revealed criminal offenses or caused the sheriff to believe they posed a danger.

The Governor will be discussing his veto during an address this morning to hundreds of law enforcement officers from around the state at the Missouri Police Chiefs Association annual conference.

“Here in Missouri, responsible gun ownership and support for the Second Amendment are strongly held values. These values are part of who we are, and a tradition we pass from generation to generation,” said Gov. Nixon. “As Governor, I have signed bills to expand the rights of law-abiding Missourians to carry concealed and am always willing to consider ways to further improve our CCW process. But I cannot support the extreme step of throwing out that process entirely, eliminating sensible protections like background checks and training requirements, and taking away the ability of sheriffs to protect their communities.”

Since 2003, Missouri law has set forth a process for obtaining a concealed carry permit. This well-established process requires classroom and range training, as well as a background check and review by the sheriff, before an applicant can obtain a concealed carry permit.

Under this well-established process, sheriffs have also appropriately rejected many individuals’ applications and those decisions have been upheld by courts on appeal.

In his veto message, Gov. Nixon provided examples of individuals who could automatically carry a concealed weapon under this law who cannot do so today, including individuals who have pled guilty to a felony and received a suspended imposition of sentence; individuals who have been convicted of misdemeanor assault; and individuals with two or more misdemeanor drug possession convictions.

“I cannot support a system that would ignore a determination by the chief law enforcement officer of a county that an individual is a danger to the community and should not be authorized to carry a concealed firearm,” said the Governor in his veto message. “Allowing currently prohibited individuals to automatically be able to carry concealed would make Missouri less safe.”

The Governor’s concerns echo those voiced by law enforcement agencies, including theMissouri Police Chiefs Association (MPCA), representing 600 members statewide, and the Missouri Fraternal Order of Police, which represents 6,400 law enforcement officers across the state.

In a letter to the Governor, Missouri Fraternal Order of Police President Kevin Ahlbrand wrote, “Make no mistake, we are staunch supporters of the Second Amendment. We feel, however, that the enactment of SB 656, specifically the allowance of giving anyone not currently prohibited from possessing a firearms, the ability to carry a concealed firearm without a permit, will cost not only citizen lives but will also be extremely dangerous to law enforcement officers.”

“The Missouri Police Chiefs Association is concerned for the safety of citizens and officers, through the loss of the balance that has existed in Missouri relating to the carrying of concealed weapons for the past several years, and the language in SB 656 that will even allow those persons convicted of crimes to use a verdict that includes a suspended imposition of sentence (SIS) to legally carry a concealed weapon,” said MPCA President Chief Paul Williams. “During a time that balanced approaches and solutions are needed more than ever to face increasing challenges, there is no need to create an imbalance, and potentially decrease the safety of citizens and police officers alike, through such a profound change in Missouri’s concealed carry law, which has served this state well over the past several years.”

[….]

By they way, there’s that other piece of right wingnut stupidity in the bill – “stand your ground”.

Previously:

CCS HCS SB 656: hypocrisy (May 14, 2016)

Gov. Jay Nixon (D): on SB 656 (“stand your ground”) and HJR 53/HB 1631 (voter ID) (June 16, 2016)

Gun crazy (June 25, 2016)

This times 32,283* (June 27, 2016)

Gov. Jay Nixon (D): on SB 656 (“stand your ground”) and HJR 53/HB 1631 (voter ID)

16 Thursday Jun 2016

Posted by Michael Bersin in Missouri General Assembly, Missouri Governor

≈ 5 Comments

Tags

governor, guns, HB 1631, HJR 53, Jay Nixon, missouri, SB 656, stand your ground, voter ID

Governor Jay Nixon (D) traveled to Warrensburg this morning to sign SB 997, a higher education bill, on the campus of the University of Central Missouri.

Governor Jay Nixon (D) - in Warrensburg - June 16, 2016.

Governor Jay Nixon (D) – in Warrensburg – June 16, 2016.

Governor Nixon spoke with media after the bill signing:

Question: ….Governor, as you’re looking at bills that you have to consider Senate Bill, uh, 656 is coming up. Where are you with that?

Governor Jay Nixon (D): Which one? I’m sorry.

Question: That’s the, uh, the, uh, um stand your ground.

Governor Nixon: Well, I mean, we’re, all the bills go through a pretty, uh, you know, thorough review. Um, you know, that’s one which I’m looking at very carefully because, uh, you know, a few years ago we, we struck a deal to put, uh, sheriffs in a position where they, uh, had the ability to, um, review and, uh, reject, uh, conceal carry permits. Uh, to move to a point which you took that power away from sheriffs, took that responsibility away from them and their communities is something that, uh, that, that we’re looking at very, very carefully. But, I, I haven’t made a final decision on the bill other than to say that, uh, when, when the legislature comes and, and moves policy pretty significantly from where we all agreed it should be a couple years ago that gets a very close review.

Question: So, are you getting any kind of public, uh, feedback on, on the bill?

Governor Nixon: Um, when I, when I make that decision I’ll do that publicly for sure. But we’re still in the bill review process and still, uh, gathering facts and information. And, and, uh, when I make my final decision I’ll certainly make that public.

Question: I have a question on the voter ID law. I understand that’s actually a two part law. Uh, I have it on good authority and the, as I understand it one part puts it on the ballot, that’s pretty much a gotta do thing, but what’s that second part that you have veto power over?

Governor Nixon: Yeah, the first part is to put a constitutional amendment on the ballot for this, this fall. I placed it on the November ballot so that the most people would have a chance to see, uh, whether they wanted to, uh, to support that or not. The second piece is they went ahead and passed in, in essence what’s called implementing legislation, uh, before that vote. Um, I look at this, this bill, um, you know, my position is we should make voting available to as many people as we possibly can. I mean, and we should make it as easy as we possibly can for people to vote. Uh, and, uh, so we’re reviewing this, this is relatively similar to a measure that I vetoed a few years ago, uh, that would have, uh, made it very expensive and difficult, especially for senior citizens and others that didn’t have driving privileges to, uh, to get a separate state issued ID. So, um, it’s not an area that my, my general philosophy is let’s make voting, uh, easier for folks, um, so this kind of, uh, comes at that. But, I haven’t made a final decision on that, but we’ll, uh, we’ll be acting on that one relatively quickly.

Question: [crosstalk] If you were to in theory, not that you’re going to, veto this what would it do in terms of the effect on the vote that [crosstalk] comes in November?

Governor Nixon: Well, it, wouldn’t really effect the vote in, directly, in the sense other than it would be, I would, I would lay out what I thought the, my position was at that time. But, you could, you could, uh, the public would then have to vote and assuming that veto was, uh, uh, upheld, uh, then the legislature has to come back next year and put, put rules and regulations in this. So, um, but, uh, I think we’re a long way to the finish line there. I do think that the basic philosophy I have is let’s make voting more open and easy, and especially for, for seniors and, and other folks that don’t drive. Um, it’s, it’s, uh, it’s , it’s extremely challenging to say that, uh, we should make it more difficult for them to cast what is, uh, one of the fundamental rights of citizenry….

IMG_7106

Previously:

Voter ID and the GOP art of hoodwinkery (April 7, 2016)

CCS HCS SB 656: hypocrisy (May 14, 2016)

Concealed carry, SB656 and the Constitution

10 Friday Jun 2016

Posted by willykay in Uncategorized

≈ 2 Comments

Tags

2nd amendment, concealed carry, missouri, SB 656

Here’s something I hope Governor Nixon takes into consideration before he signs SB 656  which  would allow Missourians to carry concealed guns without a permit everywhere open carry is legal:

A federal appeals court decided Thursday that people do not have a constitutional right to carry concealed weapons in public.

Overturning a three-judge panel’s decision, a larger group of judges from the U.S. 9th Circuit Court of Appeals said California counties may require people who want permits for concealed guns to show a specific reason why they need the weapons.

“The 2nd Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” the court ruled, 7-4.

There’s lots more that will be said on this topic in potential court cases I am sure, but I, for one, am overjoyed by this reminder of the constitutional limitations of “constitutional carry,” which is what the 2nd Amendment brigade calls the situation that would be created by the provisions of SB 656. Even the gun-loving Supreme Court Justice Scalia, darling of the NRA, was clear in his opinion defining gun ownership as a constitutional right that “regulation of gun ownership was compatible with the Second Amendment.”

SB 656 loosens up lots of other restraints on guns that are just plain scary:

… .The bill will put more guns in more places and at the same time dismantle permit and training requirements for people who want to carry hidden, loaded guns in public. It also includes a so-called “stand your ground” provision — a provision that upends traditional self-defense law and emboldens individuals to settle conflicts by reaching for their firearms, even when they can clearly and safely walk away from any danger.

The appeals court decision underlines the fact that the Governor doesn’t have to expose us to this craziness. He doesn’t have to sanction turning Missouri into an armed war zone unless he really wants to. We’ll see if he gets the message.

More to the point, though, does the Democratic candidate for governor, Chris Koster, get the message? Or will he join the covey of GOP gubernatorial primary candidates for whom guns are an essential campaign tool – along with the promise of unrestricted access which those ads imply?

CCS HCS SB 656: hypocrisy

14 Saturday May 2016

Posted by Michael Bersin in Missouri General Assembly

≈ 4 Comments

Tags

Alan Green, Brandon Ellington, Denny Hoskins, Eric Burlison, General Assembly, guns, Joe Adams, Kimberly gardner, Lauren Arthur, Michael Butler, missouri, SB 656, SCR 50, stand your ground, Tracy McCreery

The ceiling of the House chamber.

The ceiling of the House chamber.

Guns. More on guns, actually. Well, also, the ability to use your gun anywhere when you’re afraid. Anywhere. Without retreating. To “stand your ground”. Anywhere. Does anyone really think this is a good idea in a civil society? The republicans in the Missouri General Assembly certainly do.

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 656 [pdf]

AN ACT

[….]
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person….
….2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony….
[….]
(3) If the person is in any other location such person has the right to be.
[….]
5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
[….]

[emphasis added]

That is so-called “stand your ground”.

On Friday, toward the end of the session, Representative Eric Burlison (r) handled HB 656 on the floor of the House.

Representative Eric Burlison (r) - May 13, 2016.

Representative Eric Burlison (r) – May 13, 2016.

Quite a few Democratic members of the House spoke out against the bill and its open season provision.

Representative Michael Butler (D) - May 13, 2016.

Representative Michael Butler (D) – May 13, 2016.

Representative Brandon Ellington (D) - May 13, 2016.

Representative Brandon Ellington (D) – May 13, 2016.

Representative Lauren Arthur (D) - May 13, 2016.

Representative Lauren Arthur (D) – May 13, 2016.

Representative Joe Adams (D) - May 13, 2016.

Representative Joe Adams (D) – May 13, 2016.

Some supported the bill:

Representative Denny Hoskins (r) - May 13, 2016.

Representative Denny Hoskins (r) – May 13, 2016.

Representative Hoskins (r) spoke in support of the bill because he was concerned that his children’s grandparents otherwise wouldn’t be able to defend his family in his home in his stead if he were away and an intruder threatened them.

You’d think that a significant percentage of county prosecutors have been going after people who have used a weapon to defend another family member’s home against armed (or not) intruders.

Still others spoke against the bill:

Representative Kimberly Gardner (D) - May 13, 2016.

Representative Kimberly Gardner (D) – May 13, 2016.

Representative Alan Green (D) - May 13, 2016.

Representative Alan Green (D) – May 13, 2016.

Representative Burlison (r) closed with “…[we] wouldn’t want people to pay fees to exercise their right to vote…”. This in defense of a gun bill after this same republican controlled General Assembly pushed for voter photo ID.

The bill was truly agreed to and finally passed.

Later the House brought up SCR 50 which designates the month of September as Suicide Prevention Awareness Month.

Representative Tracy McCreery (D) - May 13, 2016.

Representative Tracy McCreery (D) – May 13, 2016.

Representative Tracy McCreery (D) was recognized to speak about the resolution. After she started speaking the Speaker admonished her to not address the previous bill. Representative McCreery continued, noting that guns are used quite a lot in suicides and also noting the hypocrisy of a body which had just passed a bill making it easier for people to use guns.

Previously:

HA 4 to HCS SS SCS SB 663: open season (May 12, 2016)

Missouri House – May 12, 2016 (May 12, 2016)

The end of the legislative session – May 13, 2016 (May 13, 2016)

The sane minority report

11 Thursday Sep 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

guns, Jill Schupp, missouri, override, SB 656, Twitter, veto

Via Twitter:

Jill Schupp ‏@JillSchupp

Omnibus gun bill arms teachers, lowers carry age, allows open carry and on and on. Not feeling safer…you ? 1:41 AM – 11 Sep 2014

Not as long as there’s a right wingnut controlled General Assembly…

Previously:

Fetishism (September 11, 2014)

Kansas City Mayor Sly James – Missouri Boys State – June 15, 2014 – on guns (June 14, 2014)

Fetishism

11 Thursday Sep 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

General Assembly, guns, Kevin Elmer, missouri, override, SB 656, veto

Via Twitter:

Eli Yokley ‏@eyokley

Rep. Kevin Elmer says the #MOLeg’s gun bill will allow citizens to stand up “against a tyrannical government.” 1:50 AM – 11 Sep 2014

Whack job.

Previously:

Kansas City Mayor Sly James – Missouri Boys State – June 15, 2014 – on guns (June 14, 2014)

SB 656: Bam!

14 Monday Jul 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

education, governor, guns, Jay Nixon, missouri, SB 656, veto

Previously: SB 656: legislature of the gun (May 16, 2014)

[….]

…they make it illegal for you as parent to know if your kid’s teacher is carrying a gun, or qualified to do so. That’s insane…

[….]

Governor Jay Nixon (D) vetoed [pdf] SB 656 today:

GOVERNOR OF MISSOURI

[….]

July 14, 2014

TO THE SECRETARY OD STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for House Committee Substitute for Senate Bill No. 656 entitled:

AN ACT

To repeal sections 21.750, 84.340, 571.030, 571.101, 571.107, 571.111, 571.117, 575.153, 590.010, and 590.205, RSMo, and to enact in lieu thereof sixteen new sections relating to firearms, with penalty provisions.

I disapprove of Conference Committee Substitute for House Committee Substitute for Senate Bill No. 656. My reasons for disapproval are as follows:

Conference Committee Substitute for House Committee Substitute for Senate Bill No. 656 would allow Missouri school districts to designate teachers or administrators as “school protection officers,” who would be authorized to carry concealed firearms within those districts. I have consistently opposed the arming of teachers as a means to keep schools safe. It is is simply the wrong approach, and one that I do not support.

The safety of Missourians [] especially children – has long been a priority of mine, both as Governor and as the former chief law enforcement officer of our state. I have supported, and will continue to support, the use of duly authorized law enforcement officers employed as school resource officers in schools. This bill, which would create a new mechanism for the arming of teachers, would not make schools safer. Consequently, I am returning it without my approval.

In accordance with the above stated reasons for disapproval, I am returning Conference Committee Substitute for House Committee Substitute for Senate Bill No. 656 without my approval.

Respectfully submitted

s/

Jeremiah W. (Jay) Nixon

Governor

That’s sanity.

SB 656: legislature of the gun

16 Friday May 2014

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

General Assembly, guns, missouei, SB 656

A bill sent today to Governor Jay Nixon for his signature:

CONFERENCE COMMITTEE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 656

AN ACT

[….]

8. Any school district that designates a teacher or administrator as a school protection officer shall, within thirty days, notify, in writing, the director of the department of public safety of the designation, which shall include the following:

(1) The full name, date of birth, and address of the officer;

(2) The name of the school district; and

(3) The date such person was designated as a school protection officer.

Notwithstanding any other provisions of law to the contrary, any identifying information collected under the authority of this subsection shall not be considered public information and shall not be subject to a request for public records made under chapter 610.

[….]

[emphasis added]

Think about that for a second.

sarakatehoward ‏@sarakatehoward

#moleg passes bill arming teachers, barring parents from finding out if there is a concealed gun in their kid’s classroom. #insanity #SB656 12:34 PM – 16 May 2014

Tony Messenger ‏@tonymess

This is why it is so hard to give the #moleg credit, even when they occasionally pass positive legislation … (1 of 3) 1:39 PM – 16 May 2014

Tony Messenger ‏@tonymess

On same day they take baby step toward more Pre-K funding, they make it more likely your kid’s teacher will be packing heat … (2 of 3) 1:40 PM – 16 May 2014

Tony Messenger ‏@tonymess

And they make it illegal for you as parent to know if your kid’s teacher is carrying a gun, or qualified to do so. That’s insane (3 of 3) 1:41 PM – 16 May 2014

“…That’s insane”

Ladies and gentlemen, your Missouri General Assembly.

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