"Open Carry" Ban Passes With Emergency Provision
Maplewood City Council approved the provision to immediately outlaw the carrying of unconcealed firearms in the city.
Carrying exposed firearms in Maplewood is no longer allowed.
Maplewood City Council voted to ban the practice—often referred to as open carry—with a 6-1 vote during a meeting on Tuesday night. Third Ward Councilman Shawn Faulkingham was the only dissenting vote.
The council attached an emergency provision to the bill, which makes the ordinance immediately effective. Most ordinances require 15 days to pass before taking effect.
The vote follows an incident on March 12 when a man carried an unconcealed gun in Walmart, which prompted workers to call police. Carrying an exposed firearm is not outlawed by state statutes, but local ordinances can restrict or ban the practice. Some cities completely ban open carry, some require people who carry exposed firearms to own a concealed carry permit, while other cities do nothing at all. No training is required for people who carry an exposed firearm, but it is required if someone wishes to carry a concealed firearm.
Five people—none from Maplewood—spoke in support of open carry during a public forum period.
Marc Perez, from Glencoe, read aloud which cities in St. Louis County still allow open carry and said Missouri has allowed open carry for more than 100 years.
"We have one incident by one person who was within his right in the City of Maplewood, and now the City of Maplewood wants to change that?" Perez said.
Residents from O'Fallon, Overland and St. Louis City also spoke against the ban. Myles McCabe, the only Maplewood resident who spoke, said he respected the right to carry firearms but didn't support open carry.
After the forum, Mayor James White read from a prepared statement.
"The open carry of a firearm is allowed by the second amendment, but it is also completely irresponsible and an affront to most citizens today," White said. He added:
"Today a Maplewood police officer would generally not be able to stop an individual with an open carry to determine his or her identification. Unfortunately, in many cases, the officer can only take action after the individual has committed a crime with the weapon and this is simply not acceptable. We as government officials have the right and authority to legislate such conduct, and to me it would be a violation of our oath of office not to protect the majority of our citizens who do not approve of open carry."
No other council members voiced an opinion about banning open carry, though some shared their concerns via e-mail leading up to the March and April city council meetings.
The only council debate surrounded a hypothetical situation where a person who is carrying a concealed firearm under his or her coat could break the law by removing the coat before entering a car. Council members discussed amending the ordinance to address this specific situation but opted to leave the bill's wording untouched.
“I know our police department and I know their judgment will be sound,” White said.
After the meeting, Faulkingham said the bill was passed without enough debate.
"I would rather sit down over a work session," Faulkingham said. "I think some of the wording is wrong."
In an e-mail sent to city council on Tuesday, Faulkingham wrote:
"My issue with this legislation is simple; we really did not discuss this ordinance other than a couple of e-mails. I am disappointed that the council never sat down face to face to discuss this. Trash cans have received more discussion than this. Even though I do agree that there needs to be a ban on open carry, the way we have done this should not, nor ever, be the norm. To not discuss in person an ordinance that could potentially change and affect one of our Constitutional rights is really not doing our due diligence, whether we agree with it or not."
Marc Perez
7:59 am on Thursday, April 14, 2011
The Mayor said a lot more than that! He compared those who favor the constitutional right of open carry to the protesters from Kansas who protest military funnerals! The Mayor is out of touch with reality. He admited he has a conceal carry permit but has a problem with those who exercise their legal second amendment rights.... I think there is a word for that," hypocritical".
Chris
8:57 am on Thursday, April 14, 2011
What in the world is this supposed to mean, Mayor White?
(Quote from Mayor White - "The open carry of a firearm is allowed by the second amendment, but it is also completely irresponsible and an affront to most citizens today,")
Is he saying that the Second Amendment is subject to his whim, that it is invalid, and subject to be usurped by local politicians who have an anti-gun agenda? Clearly Mr. White does not understand the Constitution and is in no way qualified to discuss it or any of its amendments. If Mr. White had a clue, he would understand that those amendments weren't added to protect the opinion of the majority, but rather, they were added to protect the opinion of the minority from over-reaching politicians and mob rule.
Sorry to inform you, Mayor White, but we don't live in a democracy. We live in a Democratic Republic and we have a very specific and very implicit rule book by which we govern. It's called the Constitution. Get a clue.
Marc Perez
9:02 am on Thursday, April 14, 2011
Very good Chris. "Constitutional rights", something they just don't understand!
Terje bolef
9:29 am on Thursday, April 14, 2011
I do a lot of business over the course of a year in Maplewood. I often eat at restaurants and make purchases at many retail stores. Due to this affront to constitutional rights, I shall make a conscious effort to no longer spend any of my dollars within the boundaries of Maplewood. I further shall vigorously discourage the same for all of the people I know.
Keith Keating
5:29 pm on Saturday, April 16, 2011
This is more ignorance of government officials and taking away the rights of people and prejudging them. This sounds more like socialism than FREEDOM. This mayor ignored to offer the people a platform to express the peoples opinion. SOCIALISM @ IT'S WORST!
Josh
11:22 pm on Friday, April 22, 2011
Keith,
Are you a resident of Maplewood? Do you know what socialism is? This is not socialism at all. This is a perfect example of the democratic process. The Maplewood City Council, made up of elected officials, is acting in the interest of it's citizens, like myself. If the citizens of Maplewood were against this law, there are plenty of actions that we could have taken to try to prevent the law from being passed. Or, in the future, we could petition to repeal the law, we could petition to remove the members of city council from office, etc. None of this has happened. We don't want people walking around our town, in our shops, restaurants, etc. openly carrying guns. So our city council has banned this practice. Not socialism...democracy.
Kent
4:57 pm on Friday, April 22, 2011
I think that a community should not have the power to over ride a right we have provided by the constitution. What about the Freedom of speech is it next because what we say may offend someone?
Marc Perez
5:07 pm on Friday, April 22, 2011
The simplist way for a government to "manage people" is to 'BAN, PROHIBIT, REGULATE, CONTROL, DICTATE"! That's what the Royal Ruler the Mayor has done. His speach in the City Council meeting shows his lack of respect for the rights of the "people" to keep and bear arms!
Go to Church this weekend, no telling what is next!
Josh
10:49 pm on Friday, April 22, 2011
Here's the text of the 2nd Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This is sufficiently vague enough to allow plenty of room for interpretation. Your interpretation may be that "keep and bear Arms" means the right to carry a gun at all times because you personally are in a constant state of self-defense. However, I interpret this right in the context of the entire Amendment...the need for a militia or organized group of armed people that is serving the purpose of maintaining the security of the state. You guys can go on and on about your rights being violated by the city council's actions, but a strict reading of the text of the 2nd Amendment doesn't justify open carry for a private individual who is out shopping. This is why a city like Maplewood is able to outlaw open carry. Socialism? I don't think so.
Winston Harrell
7:55 pm on Wednesday, May 11, 2011
The only part of the second amendment you should be concerned with is not the descriptive but the commandment "the right of the people to keep and bear Arms, shall not be infringed."