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"Open Carry" Law Drew E-Debate From City Council

Three council members weighed in on the ordinance via email before voting during a public meeting.

 

Comments in an online forum that encouraged carriers of unconcealed firearms to attend Maplewood's Coffee Crawl on April 30 led the Maplewood City Council to draft an ordinance banning the practice known as "open carry."

Supporters of open carry planned to attend the event to show their support for Brett Darrow following an encounter at Walmart on March 12 where Darrow was arrested, according to comments in the forum.

In opencarry.org's forum, user Superlite27 made the suggestion:

"What better way to fulfill our mission of educating the public ... than to attend a function promoted by the very municipality that is a little foggy on it's own citizen's firearm rights?"

The post appeared as a Google alert for a city worker, which prompted her to pass the information to City Manager Marty Corcoran and Police Chief Steve Kruse on March 18. 

Carrying an unconcealed gun—a practice often referred to as "open carry"—is legal* in Missouri unless it's outlawed by local ordinances.

The city immediately drafted such an ordinance and brought it before city council during its March 22 meeting in an effort to outlaw open carry before the Coffee Crawl. The ban received initial approval at that meeting but it will require a final approval during a April 12 meeting. Ordinances don't become effective until 15 days after passing through city council.

"There was a need based on the threat from the open carry people to disrupt the Coffee Crawl," Corcoran said in a phone interview. "This has nothing to do with the individual. This has everything to do with the issue of open carry."

City council members said very little during that March 22 public meeting, but records obtained by Maplewood-Brentwood Patch show that three council members debated the issue by e-mail ahead of the meeting.

On March 17, following Darrow's encounter at Walmart, Corcoran sought city council feedback by email. He wrote:

"Before I would put something like this on the Council agenda, which has the potential to create public controversy on both sides of the issue based on the response of the public and management of Walmart and on the other side the response by second amendment individuals, I want to get your input on the matter."

Council members Tim Dunn (Ward 2), Barry Greenberg (Ward 3) and Shawn Faulkingham (Ward 3) debated the ban through a string of emails on March 17.

Dunn, who was absent from the March 22 meeting, wrote, "I'm leaning to no open carry allowed," but added, "trust me, I'd rather not have conceal carry either, but I'm not sure banning open carry is helpful/better."

Faulkingham, who voted against the open carry ban, wrote:

"I'm not sure at this point where I stand exactly; however, if we do
look at an ordinance to prohibit open carry, I would want exemptions
for persons on private property that are not public. I don't want to
get a ticket for bringing in my guns from my car to my home.

But before we jump on the bandwagon of creating an ordinance, we have
been fine up to this point. It is only non-law-abiding citizens it
seems that have issues with this. What's the difference between this
and conceal and carry? What if he was cooperative? At least the police
and people knew that he was carrying one."

Finally, Greenberg challenged the previous two council members' points:

"Tim, If someone is going to use a gun for illegal purposes, I seriously doubt that they are going to openly carry a weapon to be in conformance with the law.

Shawn, My concern is that we would send a message (yes, it's a stretch) that it is OK to sit on your front porch or stand in your front yard and openly display a weapon. You could even it point it at someone with impunity. I wouldn't think that if you were transporting a gun from your car that a neighbor would not call the police, especially if it was in a case. I am all right to allow a weapon within a certain proximity to your residence if it is in a case and not exposed to view and not loaded with ammunition. If you want to clean it in your backyard, I am OK with that too.

I see way too many guns on TV and I don't want our kids thinking that brandishing a gun in public view is acceptable behavior in real life."

In a phone interview, Faulkingham told Maplewood-Brentwood Patch he wanted to discuss the potential ban during a council meeting or work session, but the idea wasn't supported by fellow council members.

"With something as contentious as open carry, I'd like to discuss it face to face before voting," he said.

Corcoran said he sent his email to city council to see if he should add the item to the council agenda. Council members rarely debate issues via email, he said.

"I wasn't looking for some eloquent debate. Obviously, there was some eloquent debate," Corcoran said. "Most of the time, that doesn't take place. That is not the norm."

*Correction: An earlier version of this article incorrectly outlined requirements for carrying an unconcealed firearm in Missouri. Maplewood-Brentwood Patch is sorry for the error.

Related Topics: Barry Greenberg, Maplewood City Hall, Maplewood Police Department, Marty Corcoran, Missouri, Mo, Open Carry, and Tim Dunn

Marc Perez

7:25 pm on Tuesday, March 29, 2011

It is not so much "support" for Mr. Darrow but support for 2nd amendment rights. If every open carry person behaved like he did I would not be so supportive of rights. However, he is an exception to the rule. Many who open carry have made friends with law enforcement officers who understand the laws and are appreciative of citizens (especially those with CCW permits) taking responsibility for thier own protection. There are Cities in St. Louis Co. who permit open carry for those who have a CCW permit. Interestingly if a law enforcement officer sees a firearm or if there is a call that someone has been seen with a firearm that did not exactly conceal well an officer may approach that person and request to see their CCW permit if sucha permit is required that City (a bit of an opinion on that). There is a middle of the road here for Maplewood, they can modify their proposal and require those who wich to open carry to have a CWW permit, this is doen in many cities in St. Louis County. Such an approach by the City of Maplewood may well quell the concerns on both sides of the issue as well as give the police more lattitude in such cases. There is a difference between open carry and "pointing a firearm at some one", that is clearly not only irresponsible but brandishing certainly is illegal.

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Mule

9:09 pm on Tuesday, March 29, 2011

The author is still a bit mis-informed regarding current Missouri law.

[Carrying an unconcealed gun—a practice often referred to as "open carry"—is legal with a permit in Missouri unless its outlawed by local ordinances.]

By Missouri statutes, Open carry is legal statewide, for anyone who may legally own a firearm. No "PERMIT" required. Political subdivisions may restrict or limit Open carry within their juristiction.

To the best of my knowledge, Maplewood has never restriced or required a permit to exercise the citizens right of Open Carry. Is the Maplewood City Council freightened by their constituents?

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Ryan Martin

9:21 pm on Tuesday, March 29, 2011

I'm sorry for my mistake in the definition. I believe many local governments opt to give open carry privileges to only those who have earned concealed carry permits, which may have led to my misunderstanding of the law. I'll dig through the Missouri Revised Statutes in the morning to learn more. Thanks for reading and commenting.

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Marc Perez

9:27 pm on Tuesday, March 29, 2011

Ryan, you do notk now open carry laws exactly. Some give permission to those with CCW permits, yes! In some areas a CCW is required. In all others where there is no local law against OC it is permitted by State Statute, that is to say it is not prohibited uder State Statute and therfor legal. More to come at the maplewood City Council meeting.

Mule

9:34 pm on Tuesday, March 29, 2011

Marc,
Hope I didn't steal your thunder.

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Marc Perez

9:46 pm on Tuesday, March 29, 2011

No problem, I hope you wil lcoem to the City Council meeting April 12th and present a positive side to this highly debated discussion. Education is a big part of any second amendment presentation. With only 3 minutes to speak at Maplewood's City Council meeting there is a lot of educating to do. I certainly do not want to post too much here, let's save it for the City Council so we can keep it clear and face to face instead of debating it here. Folks really do not understand a lot of things about the right to keep and bear arms. I hope you also will go and participate in the meeting April 12th at th eMaplewood City Council meeting. 7601 Manchester Rd at 7:30PM. I understand public input is allowed only at the beginning of the session and each person is limited to 3 minutes. I hope those in favor will present a clear and educational presentation for the City Council.

Rich

9:52 pm on Tuesday, March 29, 2011

“Comments in an online forum that encouraged carriers of unconcealed firearms to attend Maplewood's Coffee Crawl on April 30 led the Maplewood City Council to draft an ordinance banning the practice known as "open carry."
I am having a bit of a problem with this opening paragraph. So the council is specifically drafting legislation to intentionally exclude persons whom have broken no laws and participate in an online forum dedicated to the education of any citizen whom seeks to carry a firearm to do so safely and legally at all times. I will have to apologize for that simply not making sense, I am simply not used to seeing laws enacted to prevent legal activities based upon the parties that might participate in those events. Sounds a lot like discriminatory practices on the part of the council, dangerous ground for sure.

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Rich

9:55 pm on Tuesday, March 29, 2011

“Supporters of open carry planned to attend the event to show their support for Brett Darrow following an encounter at Walmart on March 12 where Darrow was arrested, according to comments in the forum.”
This is not accurate, the members of the site mentioned support the right of ALL citizens to exercise their rights in a legal and peaceful manner. Mr. Darrow’s legal issues within the city of Maplewood are indeed being questioned as it remains very unclear as to whether Mr. Darrow broke any laws or committed any act to warrant police interaction. Arrested is correct, but what are the charges? Were there any? Are we condoning arresting folks for legal activities?

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Ryan Martin

2:32 pm on Wednesday, March 30, 2011

Rich, I disagree with your assessment. I believe the story language is accurate. In the forum post that I refer (and link) to, the user wrote, "...but also to show solidarity for a fellow OC'er who has encountered problems in this municipality." The user is referring to Brett Darrow. Yes, the user also supports open carry rights for all citizens, but I believe that's obvious given the context of the article (and given the language I used: "Supporters of open carry"). Thanks for commenting, Rich, I really enjoy this dialogue.

Rich

9:56 pm on Tuesday, March 29, 2011

“The city immediately drafted such an ordinance and brought it before city council during its March 22 meeting in an effort to outlaw open carry before the Coffee Crawl. The ban received initial approval at that meeting but it will require a final approval during a April 12 meeting. Ordinances don't become effective until 15 days after passing through city council.”
So the council has decided that after nearly 110 years of freedom they are the ones to decide whom should be excluded from a publicly sponsored event? They are making this decision based upon the preferences of the parties to open carry vs concealed carry, that is an interesting decision. Will Blue shirts be allowed as I am not a fan of red ones.

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Rich

9:57 pm on Tuesday, March 29, 2011

“What's the difference between this
and conceal and carry? What if he was cooperative? At least the police
and people knew that he was carrying one."
The difference? About 1 millimeter of cotton cloth.

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Rich

9:58 pm on Tuesday, March 29, 2011

“ You could even it point it at someone with impunity.”
No, that would be a minimum of brandishing and if there was an implied threat a charge of assault or assault with a deadly weapon would result aka a felony.

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Pat Riot

10:09 pm on Tuesday, March 29, 2011

Open carry is a very hot topic right now nationwide. 43 states allow it, and of the few that don't there are open carry or concealed carry laws going through the legislative processes right now. Florida looks like it may get open Carry within a few months, and there are rumors that Washington DC may be forced to abandon it's gun laws. What the city is doing is in effect banning carrying unless you have a permit. The state constitution says, "Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons."

They will be disarming and forcing good people to go defenseless and I can see that there will be some very expensive lawsuits happening soon, and not good suits either, because there is enough case law to overcome the ordinance and to almost guarantee a large settlement that the city will have to pay.

It seems to me that the city should have spoken to the folks who wanted to carry at the event, and discuss this with them first instead of a knee jerk reaction that will almost certainly guarantee that they will not be re-elected.

I would encourage the city to reconsider.

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Randy Johnson

10:12 am on Wednesday, March 30, 2011

"There was a need based on the threat from the open carry people to disrupt the Coffee Crawl," Corcoran said in a phone interview."

Where on God's green earth did Mr. Corcoran come up with this notion?? When he accuses law abiding Citizens of Missouri who are simply exercising their rights...as being a "THREAT" and then to also accuse them further of planning to "DISRUPT" the Coffee Crawl event, he is blatantly putting forth for public display his own ignorance and bias.

This comment from Mr. Corcoran was put forth without any shred of evidence whatsoever and Mr. Corcoran owes all law abiding citizens of the state of Missouri a public apology immediately!!

Unbelievable!!!!

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Superlite27

10:20 am on Wednesday, March 30, 2011

As the person who suggested attending this event, I stand by my statement. It is obvious that Maplewood city council members are more than just a little foggy on firearm rights, they are openly hostile. The article itself, and quotes from councilpersons within, reveal the truth of my previous statement. At the end is a correction to the previous version THAT WAS IN ERROR concerning firearms law. Councilperson Greenberg himself is also quoted as saying:
"My concern is that we would send a message (yes, it's a stretch) that it is OK to sit on your front porch or stand in your front yard and openly display a weapon. You could even it point it at someone with impunity."
HOLY COW! The person pushing the hardest about amending city ordinances reveals his complete IGNORANCE OF STATE LAW as the removal of a firearm from its holster in an angry or threatening manner is ALREADY ILLEGAL EVERYWHERE IN MISSOURI.
Yet, I still stand by my above statement. Not only are Maplewood city council members (with the exception of Mr. Faulkingham, who I applaud for providing a calm sense of reason and attention to unintended consequences.) ignorant of firearms law, they desire to enforce that ignorance and remain so (as evidenced in the article) by enacting ordinances discriminating against law abiding citizens wishing to provide education in a peaceful manner. I guess the only option for freedom loving Americans is to financially support other community's coffee businesses.

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charles

11:51 am on Wednesday, March 30, 2011

As a Maplewood Resident , I am in full support of this action. I also believe that each of them will be reelected. Its funny how the people raising the stink here about this arent even from Maplewood. You guys should stay in you own communitys and fight you wild west battles.

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Chris

11:56 am on Wednesday, March 30, 2011

What battles are those, Charles? Perhaps you could enlighten all of us as to when the last time Maplewood had an issue where a law abiding gun owner "snapped" and started gunning people down like in the Wild West?

It may be one of those law abiding citizens that saves your hide one of these days.

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Pat Riot

12:04 pm on Wednesday, March 30, 2011

Thank you fro your comments Charles. But let me tell you that although I don't live in Maplewood, these laws affect me personally. As a person that travels and camps all across the United States during the summers, I have to deal with an astounding hodgepodge set of laws that can vary from state to state, community to community. Sone states ahve laws that are so restrictive that I have never been there(NJ being one), others are a minefield of fractured regulations.

The second amendment grants me no rights. It doesn't tell me I cna own a gun. It does not say I can carry a gun. All it says is that states cannot bar me from owning guns, and states cannot ban me from carrying guns - or infringe (make inroads into) my rights to own and carry a firearm.

Now that the Supreme Court has said that the 2nd is applicable to the several states, and fully incorporated to the states, then that means that a state cannot bar me from buying, or carrying a gun. Yet your city council is so arrogant that they feel that to stop some people from doing what is legal, they need to make it illegal - simply because they don't "like it." That is the height of arrogance, and such arrogance puts me in danger of my very life!

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Pat Riot

12:19 pm on Wednesday, March 30, 2011

When I travel around our nation, to camp, I carry in every state that allows it - and that is most of them. Some require that I carry openly, some concealed. But even in states that it's illegal, I carry anyway. Why?

In Irving Texas, a nice little place near Dallas, I was accosted in a parking lot at night. I got out by forcing my way through a group that was clearly intent on harming me. In Tennessee I went through a neighborhood that looked nice but some kids in a car with gang bandannas followed me screaming obscenities and threatening to kill me. There are plenty more examples of what can happen on the road. And I would rather face a misdemeanor fine for carrying, than lose my life for not carrying.

Some of you live in perfect worlds where no one ever wants to hurt you, butterflies land on your nose, and birds land on your finger. I live in a world where I get to also enjoy all of those good moments, but when I hear someone scream for help, I help. Then things get scary. I remember sitting with a gunshot victim, holding his hand, while the police were on their way. He died.

My world is real, it's dangerous. Sometimes people want what I have, or simply want to prove themselves at the expense of my life (drive by shootings to enter a gang). Will anything ever happen to me? I hope not. I hope that my firearm never leaves it's holster. But NO ONE gets to tell me that I cannot defend myself or someone else in danger. Search Suzanna Hupp to see why.

Chris

11:54 am on Wednesday, March 30, 2011

So why WOULDN'T we want to send the message to our children that carrying a firearm for personal protection is a perfectly acceptable, rational, and lawful practice? The right to protect one's self from a violent criminal and/or a tyrannical government is so fundamental, that it is forever codified and protected in both our Federal Constitution and our State Constitution. It's a real shame that these elected officials (with the noted exception of Mr. Faulkingham), are so ignorant of our laws and indeed, the very foundation of our freedoms and liberties, that they would attempt to infringe on such a fundamental right because they are scared and ignorant.

A big part of freedom is allowing others to exercise their rights in a lawful manner even if you don't agree with them. These folks need to go back and read the Federalist Papers and our Constitution.

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charles

12:09 pm on Wednesday, March 30, 2011

I dont exactly understand what you guys are so afraid of to have to wear your gun everywhere. I have never wore a gun in my life and I feel very safe, beyond that I have lived a life free of crime. You guys are really paranoid fearmongers if you ask me.

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Chris

12:18 pm on Wednesday, March 30, 2011

Do you keep a fire extinguisher in your home, Charles? Do you have smoke detectors? Carbon Monoxide alarms? Do you wear a seat belt in your car? Do you drive a car equipped with air bags? How about wearing a PFD while you are in a boat?

I'm assuming that you don't intend to have your house catch fire, so why the fire extinguisher and smoke detectors? Do you plan on wrecking your car? If not, why the seat belts and air bags?

Folks who carry a gun for personal protection don't walk through life feeling afraid or expecting to have to use it to defend themselves or their families. They carry it so if the unthinkable happens, they will have one more tool at their disposal to help them regain control of their immediate environment. It's one more assurance that they and their family will return home safely at the end of the day.

Charles, if you would be interested in attending a Missouri CCW class just to see what it is really all about, you let me know and I will make it happen for you.

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Superlite27

12:25 pm on Wednesday, March 30, 2011

The point is...we're not afraid. Do you own a fire extinguisher? Why? Are you "afraid" of having a fire? Do you wear your seatbelt? Why? Are you "afraid" of having a wreck? Or, are these reasonable actions to prevent such things? (i.e. possessing a tool BEFORE you need it rather than wishing for it afterward?) As for paranoid fearmongers, I don't see any open carriers passing reactionary ordinances and making a hullabaloo about an activity that hasn't raised an eyebrow in any of the surrounding municipalities in the past three years it has been regularly occurring.

Randy Johnson

1:25 pm on Wednesday, March 30, 2011

Charles,

I am 53, married 38yrs....a Father of 6 grown children and 16 grandchildren. I am a Military veteran. I am active in my local church. I offer this little bio to let you know that Iam about as "average Joe" as you will ever meet. I consider myself level-headed, rational, intelligent and sensitive to other peoples point of view. I am also law-abiding. I am anything but "paranoid and fear-mongering."

With all due respect, and I say this sincerely....in my opinion, your concerns appear to be based upon unfounded fears and a sincere ignorance of the law and of our rights as Americans and Missouri citizens. I say this with no malice or ill intent, for I have some in my immediate family who harbor similar views.

I am a firm believer in the philosphy of "seek first to understand, then to be understood". I think if you used this model as you approached this issue of "Open Carry" I feel confident that you will come away with a fuller understanding and appreciation of what it is that "Open Carry/2A" supporters are truly advocating. We may share more common ground than what either of us may think, and that my friend is what we truly want.

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Josh

10:50 pm on Wednesday, March 30, 2011

With all due respect to the open carry crowd's 2nd Amendment rights, I think one of the concerns of the Maplewood City Council is that a community event, that is in no way related to gun control/open carry, might be used as a publicity stunt by several individuals who are going to proudly wear their guns while they sip coffee, eat pastries, and enlighten the crowd about the many benefits of carrying a gun around all day. As a resident of Maplewood, and someone who takes my kids to these types of local events (the Coffee Crawl, etc.), I share the same concern as the city council, and I support what they are doing. So, to those who support open carry, I respect your rights, however, I ask that you please not use a community event in our town, that is completely unrelated to this topic, as a rally point for your movement. Organize your own rally, book club, whatever, so that those people who are interested in attending and learning about your cause can do so. I, for one, do not want to live in a community where people feel the need to carry weapons, and Maplewood is not that kind of community.

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Matthew Hudson

11:24 pm on Wednesday, March 30, 2011

This may seem rambling, I will make a point that you need to hear.

Today, I read where a parent almost lost their child in a stupid gun accident. A 9 year old found a gun, and pointed it at an 11 year old and said BANG. The 11 year old did will survive.

I carry a firearm but for years I felt that I was living in a good city, with good people, and just didn't want to. I just wanted to live in peace. A stupid drug dealer with an attitude and a firearm changed that. I realized that I was going to have to get a gun to protect myself and started looking into it. Sadly, finding a range, a gun store I could trust, even what kind of gun and holster to buy were nearly impossible tasks thanks to the Brady Campaign. I eventually found the best firearm for my purposes, and as I was looking at it in the display case, it dawned on me, I was going to bring a gun into the house with my little girl.
I knew that no matter how secure a safe is, or how well I lock it up, the kid could get access and hurt herself or someone else. I was also concerned about visitors and knew that I can't watch everyone at every moment. Also the gun needed to be available to use at any time.

I knew that the only way to protect her was to train her. I purchased two guns, presented her with one, and taught her to clean it. Then we went to the range and I showed her how to shoot. She does not like guns - but she knows how to use one now. So, even if you hate guns, teach your kids basic safety.

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Matthew Hudson

11:32 pm on Wednesday, March 30, 2011

I, in a way, agree with you about the carryers hijacking a public forum, but let me ask you this... if it is a public forum, then what part of the public would you exclude? Just people who carry guns, or people who talk about religion? I'm not trying to be rude, just trying to point out that people who carry are no different than people who talk about Jesus, or people who talk about Allah. It is all protected conduct and each has a right to talk (or carry) as they see fit as long as that conduct is not dangerous. And that is the question, isn't it. Are they dangerous?

You feel that your kids should not see people carrying, but I counter that not only should they see people carrying, you should be training them in how to safely handle a firearm to protect them in their futures from careless gun accidents. You seem to be creating a condition where guns will be forbidden, and as a parent, kids will try ANYTHING that is forbidden at some point. Would it be better to prepare them, or leave them innocent?

Guns are tools, nothing more. But let me tell you a little about a gun owner that carries.

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Matthew Hudson

11:42 pm on Wednesday, March 30, 2011

A person that carries a firearm knows two things. That he may be called to use that firearm, and that if he or she does, their life will be forever changed - and not in a good way. To paraphrase an old movie, "Killin's a hard thing to do."

But lets look at both of those for a minute.
Being called on to use the firearm. There are so many variables that you cannot imagine. One of the first questions is, "Can I shoot this person, can I defend that person." When you see someone being beaten to death on the street is not the time to ask that question. You need to know the answer, already. This takes study, training, and patience. It takes conversation, scenario evaluation and lots of deep thought. Weapons classes help a lot, as do many of the forums that weapons owners join. I've spoken to police, lawyers, and even the attorney general over certain issues. So we have a lot invested in this. Just think about it for a moment... you are in a McDonald's and a man, enraged at his girlfriend, runs in with a tire iron intent on killing her. First thing, is there another way to solve this? Next question, do I have a clear line of fire. Third, can I bluff him out of it. Forth, am I getting ready to go to jail for life to defend this girl I've never met? Fifth, Can I really shoot this person. In four seconds.
The next question is,

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Matthew Hudson

11:51 pm on Wednesday, March 30, 2011

Then I have to consider the consequences of my actions. Will I be able to sleep at night? Will I die here if I miss him. Do I really want to get involved or just relive Kitty Genovese and do nothing?

You seem to love to portray us as vigilantes or cowboys, but the reality is far different. We HAVE to remain in more control than the average person. We HAVE to be in control of our situation. We CANNOT let our emotions guide us. We have to be rational, quick thinking, and prepared to defend ourselves or someone else.

Or we leave the gun at home.

A recent report from the Brady Campaign said that in the last four years, 300 people with CCW permits committed a crime that caused the revocation of those permits. That's 75 a year nationwide.
I dare you to fine ANY group that has as many members that have that low of a crime rate.

Do you know why? Because as angry as we can get over you trying to take our right to defend ourselves away, when push comes to shove, we will still defend you against a criminal if he looks ready to take your life.

So do be a favor, just a little one. Find an Eddie Eagle NRA youth program and get your kids involved in it. Protect them from gun violence through training, education and knowledge. That program does not teach kids to shoot, just to stay away from guns.

scot

12:09 am on Thursday, March 31, 2011

Wow, there is a lot of passion in the gun community that is really clear! I can commend you all on your well versed knowledge of your second amendment rights. I think all of the open carry supporters should be well aware of these next points, really rendering their arguments futile.

1. The Maplewood city council is going to enact an ordinance that makes open carry illegal in the city of Maplewood.
2. Upon that enaction, we all know now that all the folks that support open carry are going to boycott Maplewood and its businesses.
3. When the boycott happens we will no longer be graced by the open carriers so willing to protect us, which is fine by me.

Thanks alot guys for all your concern for my protection. Just to let you know I dont want any one who is an open carry advocate that is not in law enforcement or in the military protecting me. Here in my community of Maplewood we get to know our neighbors and look out for one another. None of us are packing heat openly.

Thanks alot guys, hope to not see you all around.

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Chris

12:46 am on Thursday, March 31, 2011

There are over 120,000 Missouri CCW permit holders in this state, and an (estimated) 70,000+ more that carry on non-resident permits from other states. This ordinance, if passed, isn't going to change your unfounded fear of a openly carried gun, and it's certainly not going to do anything to reduce the amount of lawfully carried firearms in Maplewood.

These kind of ordinances simply redouble the resolve of 2nd Amendment advocates to get this issue fixed on a state level, rather than trying to deal with municipalities who tend to have knee-jerk reactions to most any issue that comes along. You folks would be much better off if you focused on having your local officials take measures to fight crime rather than taking measures to criminalize normally lawful activities.

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Marc Perez

6:04 am on Thursday, March 31, 2011

There is a lot of "edit" going on.... Crime happens everywhere, keeping your head in the sand is OK, till you drown inthe sand! Actually this is more about constitutional rights then anything else. Where does restriction of our rights end? How about the press or better yet your religous preference? Should local, stste or fedederal governement be able to restrict those as well?

Dave

12:46 pm on Thursday, March 31, 2011

Even if Maplewood bans "open carry", they can only ban "open carry of a firearm readily capable of lethal use" according to RsMO 21.750:
"3. Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243."

The Missouri Courts have already ruled a gun that is missing a crucial part of it's operation makes it NOT readily capable of lethal use. This means, someone can take the barrel out of a handgun or another part, no one will know the difference, and they can openly carry it all day long, regardless of the Maplewood ordinance.

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TP

1:10 pm on Thursday, March 31, 2011

Matthew Hudson - Thank you for teaching & training your child. Although I do not advocate carrying weaons through Wal-Mart my children ARE trained to safely shoot & handle firearms & they are taken to safe areas to shoot often. I agree that forbidden fruit is too tempting to pass up. Your points on considerations before you pull your gun are also things I agree with. I commend you for thinking through the ramifications of your actions. I know that a very large majority of gun owners & proponents of open carry agree with you & have had similar thoughts. However, there are those out there who I don't believe would have the same thoughts to my safety & they scare me. They are the people who will carry to provoke - not to protect. If they have the opportunity to draw I fear they will be more caught up in the moment & either overestimate their abilities or just not try as hard as you to insure they have a clear shot. There may not be aything between them &the target, but do they know what is behind that target & can they actually hit it?
In general: Like any group there are going to be those who make the rest look bad. It's the bad cop, wicked stepmother & dumb blonde sterotypes. Unfortunately gun owners have the same bad seeds that get more press & make the rest look bad. They are the ones trying to take away all of our rights with their selfish & stupid actions.

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Randy Johnson

8:22 pm on Monday, April 11, 2011

TP,

http://maplewood-brentwood.patch.com...med-carjacking

Just something for you to ponder and the others who feel Maplewood is "safe".

Marc Perez

8:46 pm on Monday, April 11, 2011

Your previous point and this post make good points. Truely there is nothing to "fear" from OC. It's not threatening and eliminates guess work as to "If some one is armed". Almost 200,000 people carry in Missouri (125,000 with Missouri CCW permits and about 70,000 with other State permits.) They even carry in Wal-Marts, legally and Wal-Mart's "Official" policy is to abide by State and local laws. There are numerous cases where armed robberies have been "AVOIDED" because some one who was casing an establishment turned and ran because a coffee shop or resturant was occupied by folks sitting quietly having dinner or coffee while openly carrying. Fear the person, not the firearm. On Missouri 2nd amendment sites many say they will no longer visit, shop or travel through Maplewood. The City of Maplewood has the opportunity to shed new light on the City by hanging out the welcome sign "WE APPRECIATE THE 2ND AMENDMENT AND WELCOME ALL TO THE CITY OF MAPLEWOOD".

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mormit

10:50 pm on Tuesday, April 12, 2011

Randy,

Some good points but your last statement about this being about "personal bias and/or unjustified fear mongering" is not accurate or fair.

This all came about because someone chose to get confrontational with the police. One bad apple brings unwanted scrutiny.

This is not about bias or fear. I like to target shoot and voted in favor of CCW. It provides anyone who whishes to the means to arm themselves with appropriate regulation. With freedom comes responsibility. I am fine with that.

With open carry a person is marking themselves as hostile. That is not bias. You are displaying a weapon in the open in public. I hope this is not coming off as flippant but it is no different than if I walked through the store with a sword or pick axe over my shoulder.

There is nothing to prove in carrying. That is fine. Obtain a CCW, keep yourself trained, and exercise responsibility. I don't ask for anything else.

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Brett Darrow

12:08 am on Wednesday, April 13, 2011

mormit- I never got "confrontational with the police". I was standing in line buying my items when I was disarmed and taken my the arm to the front of the store. I had done nothing wrong and the police had no reason to detain me. The chief's comments about what happened are wrong. He was not there and he is trying to cover his officers' screw up.

This presents more danger than someone open carrying in Wal-Mart:

http://i1109.photobucket.com/albums/h429/bbplayer3232/S1090002.jpg

Maplewood City Code
Sec. 50-240. - Fire lanes
No person shall park or leave unattended a motor vehicle on any portion of a fire lane or on any portion of a parking lot or private way not properly designated as a parking space.

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Chris

12:11 am on Wednesday, April 13, 2011

That dog doesn't hunt, mormit. If the "solution" to a person being "confrontational" with the police is to enact a prohibition on a normally legal practice, then what will it be next time? Will they target your freedom of speech next time, or perhaps your freedom to openly worship a god or deity of your choice? If some joker gets mouthy with a police officer, should we enact legislation that will allow the police officer to beat the joker half to death?

A person who openly carries a firearm is marking him or herself anything BUT hostile. In fact, to act in a hostile manner while openly carrying a firearm is an invitation to a felony unlawful use of weapons charge. Of course, if you were to actually associate with people who regularly open carry, you would find that the vast majority of them are among the most law-abiding and respectful citizens out there. They are the kind of people that would turn and walk away from an insult rather than get involved in a confrontation. They want nothing more than to be left alone so they can go about their business.

It's almost funny how you openly acknowledge your fear of various inanimate objects. As if an openly carried gun is somehow sinister or evil. I dare say that if you carried a sword in a scabbard along your side, you'd never get one cross word from a person who regularly openly carries a firearm. The right to bear arms doesn't just apply to firearms.

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mormit

10:50 pm on Wednesday, April 13, 2011

Chris. I have no fear of inanimate objects so I don't get where you took that message from my post.

What I have a concern with is how some people can choose to use objects like rocks, baseball bats, and yes guns. Displaying a weapon no matter the type comes off as hostile to most people.

mormit

12:25 am on Wednesday, April 13, 2011

Hillarious. Cop cars are are a bigger danger? Wow.

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Brett Darrow

12:39 am on Wednesday, April 13, 2011

Cop cars parked blocking an exit of a big retail store are definitely a fire hazard. There is a reason parking in that area is restricted.

mormit

12:36 am on Wednesday, April 13, 2011

It is because of incidents like this that I want Maplewood to keep OC off our streets. If the issue was not pushed, no big deal but some decided to push the issue.

Get a CCW since you are a law abiding person and you have no complaint. What is your problem with that?

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Randy Johnson

2:43 pm on Wednesday, April 13, 2011

Mormit,

I have a CCW. You are missing the point. OC is legal in Missouri. I am a law abiding citizen. I choose to OC when I feel it appropriate for my needs and for the situation at the time.

Yes, it is about personal bia and fear-mongering. I have YET to have a discussion with anyone about the right to OC, that at some point in the discussion didn't say something along the lines of "do you REALLY think you're going to get assaulted at Wal-Mart..really?" or...."what are you REALLY afraid of?" or..and this one is time honored..."what do you think this is...the Wild Wild West?" These comments...and SO many more illustrate to me that the solution to this problem is education and exposure. The citizens of Maplewood have zero to fear from their other law-abiding citizens and neighbors who choose to OC.

So, to be clear....those of us who choose to OC do so with the understanding that we are in NO way saying that those who DON'T choose to OC somehow are not as patriotic as we are, or don't want to protect their families as much as we do etc etc.

We simply want to be able to exercise our 2A rights to protect ourselves and our families..and if the tool/option we choose to use is to OC then all WE ASK is to be left alone to go about our business. Isn't that fair? What is your problem with that?

Marc Perez

4:26 pm on Wednesday, April 13, 2011

The "Mayor" has an attitude, he had a "speech" ready for the "public comment" time, after thr public spoke of course so no one could respond. For a guy who took the class and carries a firearm, he sure lacks knowledge of Missouri firearms laws and the rights of the Constitution of the State of Missouri and the Bill of Rights. His firearm instructor, his civics teacher in school and people of Missouri now know where he stands. He does not support constitutional rights or have a basic understanding of what "Shall not be Infringed" means. The 200,000 people in Missouri dim the lights on Maplewood. I WILL DO BUSINESS SOME PLACE ELSE!

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mormit

10:33 pm on Wednesday, April 13, 2011

This is not about and we have never expressed an issue with CCW. That is where your 200,000 (about 3% of Missouri's population) number comes from. I said before I voted for conceiled carry when it was on the ballot. I have no problem with responsible ownership of guns.

The issue is with Open Carry.

The problem I have with OC is that you are carrying a weapon in plain view which is hostile.

Being a jerk to the cops for no good reason rubs me the wrong way too.

rrm

8:01 pm on Wednesday, April 13, 2011

Brett -

Here's what I found on Fire Lane signs.

The Fire Department is authorized to direct installation of approved signs or other approved notices for the identification of fire lanes. The purpose is to prevent obstruction of required emergency vehicle access.

In my opinion, the police vehicle would be considered a form of an emergency vehicle. By the looks of your photo, with 3 police vehicles in the fire lane, there must be a good reason the emergency vehicles are parked in the fire lane.

This is only my opinion, based on your photo. It would be very helpful if you could expand on why they are parked in the fire lane. Do you know is there an emergency? If your trying to make a point with your photo, you should probably include some detail information as to what is going on to support your intentions of your post.

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Brett Darrow

10:14 pm on Wednesday, April 13, 2011

I don't read that in the Maplewood City Code. What it says in Maplewood's ordinances. You can see this at Municode.com

- Fire lanes.

(a) The fire chief shall designate any area as a fire lane on any street, alley, parking lot or private way which shall be kept clear at all times for the fire department's use in extinguishing fires. It shall be the duty of the owner and the occupant of the property to place signs on such areas designating such areas as fire lanes, under direction of the fire chief. It shall be the duty of the city traffic engineer to erect signs with the legend "no parking fire lane" on any street or alley so designated by the fire chief.

(b) No person shall park or leave unattended a motor vehicle on any portion of a fire lane or on any portion of a parking lot or private way not properly designated as a parking space.

(c) A person in the act of loading or unloading a vehicle shall be permitted to park only in those areas, if any, set aside by the owner or occupant of the property for the purposes of loading or unloading. All other stopping or parking of vehicles shall be in designated parking areas only.

(d) Any owner or occupant of property who is required to erect and maintain fire lane signs under the provisions of this section shall be guilty of a misdemeanor if he fails to do so.

(e)Any person who parks or permits the parking of a vehicle in, or who otherwise obstructs a fire lane, shall be guilty of a misdemeanor.

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Brett Darrow

10:19 pm on Wednesday, April 13, 2011

Normally every city has an exception for emergency vehicles. I cannot find one in Maplewood's city code. At the state level and other cities, to park illegal, the emergency vehicle must have at least one red lamp facing forward that is visible at least 500 feet under normal atmospheric conditions. They had no lights on.

They were there to pick up a shoplifting suspect already in custody. Why 3 police cars? Well there was 4 there when I got there. They protect that Wal-Mart tax cash cow at any costs. I'm sure that is part of the reason I was drug out of there at Wal-Marts request even though it was against their cooperate policy.

Randy Johnson

9:59 pm on Wednesday, April 13, 2011

Per PD policy.... if an LEO is responding to an "emergency" he's required to leave his lights on...on his vehicle thereby alerting those in close proximity to make an effort to steer clear of the area because other emergency vehicles may be responding.

In this instance since his, an the the other LEO vehicles are not shown to be responding to an emergency, one can rightly assume an emergency does NOT exist.

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Brett Darrow

10:20 pm on Wednesday, April 13, 2011

Exactly Randy. Thank you. That is what I expected any reasonable person to obtain from the photo.

rrm

12:17 am on Thursday, April 14, 2011

I don’t think I can argue with you, if that’s policy. You are correct.

I think you win the policy debate, I just did a google search on fire lanes and went with what I found on Wikipedia. It sounded REASONABLE to me. Never occurred to me to go dig through the city code to ensure the code is being followed 100%.

Reasonable person? I would expect any reasonable person to see the situation for what it is. Police are there to pick up a shoplifter. They park in the fire lane, go in and do their business, if they get a higher priority call, they can quickly get to their next destination. The situations can go on and on why they should or should not park there, why they should have their emergency lights on, why is there 4 of them, why are they parked there in the first place etc. etc. etc.

I’m curious, Why does this situation bother you? I see a couple of police vehicles parked in the fire lane, no emergency lights on. Do I see a real problem here that needs addressed. Not really, but I’m probably not being reasonable!

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Brett Darrow

1:01 am on Thursday, April 14, 2011

It's a problem for me because these same officers are the ones that detained me absent any reasonable suspicion and then arrested me because, "you can't carry a gun like that" even though I had a recording right there to play from their city manager saying, "You can open carry in Maplewood."

I've made sunshine requests through the department for over 2 weeks and they refuse to follow state law even though it says they must produce the documents withing 3 business days. It sure didn't take them weeks to get the jail video to Fox 2.

Oh yeah, and they refuse to return my firearm even tough I never broke the law.

Then the other day I saw a Maplewood issue a citation to a driver for not using her turn signal. What did the cop do as soon as he pulled away and made a right turn? He didn't use his turn signal.

They refuse to follow the law, but arrest others who actually follow the law. So yes, it is going to bother me. If you got arrested because the police didn't like your shirt, you'd feel differently, trust me.

Randy Johnson

3:36 pm on Thursday, April 14, 2011

RRM,

You say..."I would expect any reasonable person to see the situation for what it is. Police are there to pick up a shoplifter. They park in the fire lane, go in and do their business, if they get a higher priority call, they can quickly get to their next destination. "

Fact remains...simply picking up a "shoplifter" or doing other "police business" is NOT considered an emergency...thus they should not be parking in a fire lane which are to be utilized only by Emergency Responders to an "emergency" in the truest sense of the word.

The Fire lanes were not intended to be used by LEO's as their quasi-"LEO of the year" parking space.

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rrm

11:50 pm on Thursday, April 14, 2011

I do believe police officers do respond to emergencies so even though dealing with a shoplifter isn’t necessarily an emergency, if an emergency occurs which requires the officer to quickly get to a new location, they can respond more effectively to the situation by running out the front of the store to their vehicle parked up front, compared to running across the parking lot. So in my opinion, not only is it reasonable where they are parked, for anyone that would need their help, it is preferred.

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Randy Johnson

7:26 am on Friday, April 15, 2011

rrm,

Again...you're missing the point. Laws are laws, policy is policy. I think we could all come up with some "reasonable" or justifiable explanation on why we shouldn't have to obey some particular law/ordinace/policy, but at the end of the day it's still just an excuse.

But, you made your case in a congenial and civil manner..which I appreciate. Thank you...I've enjoyed the spirited discourse.

Marc Perez

9:13 am on Saturday, April 16, 2011

If I may suggest to anyone who is interested in Missouri firearms there is a very good web page sponsored by the Missouri Shooters Association:
www.missouricarry.com

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Sam Schaeffer

10:29 pm on Saturday, June 25, 2011

The bottom line: get your Missouri CCW endorsement and you won't have to worry about this silly ban in Maplewood. Carrying a concealed firearms will keep the bad guys guessing :)
It is also lawful to carry a loaded firearm in your vehicle in Missouri. But please keep it in a gunlocker when you are not in the vehicle so it doesn't fall into the wrong hands.

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Marc Perez

6:18 am on Sunday, June 26, 2011

There are 130,000 people with Missouri permits and perhaps 70,000 more with out of state permits in Missouri. The Maplewood decision says we can limit the citizens right to keep and bear arms. Is it legal? "yes". Just another constitutional right that is being chipped away piece by piece. What's next, maybe limit free speach, religion, the right to vote or assemble? I'm sure the City Council in Maplewood will come up with something, give it time.
I and perhaps many more who honor and support the Bill of Rights will not shop, dine or visit the City of Maplewood. That is our right, that is our freedom (as you chose to deny a right that has been legal in Missouri since the founding). No spitting on the sidewalk is a good one..... carry on.

mormit

10:10 am on Sunday, June 26, 2011

But Marc, this is not about carrying with a permit.

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