The Shooting Times Summer 2017

by Dale Roberts

University of Missouri-Columbia Law School

Royce de Barondes, Associate Professor of Law at the University of Missouri-Columbia, has filed a lawsuit against the University naming the President and the Curators as defendants.  Basically, Professor Barondes is suing to enforce his right to carry on campus.  Perhaps it is worth noting, Professor Barondes is not only a Law Professor, he teaches “Firearms Law.”  Who better to bring this suit but the University’s own expert on Firearms Law?

Joining in the lawsuit to defend the Professor’s Second Amendment rights is the Attorney General of the State of Missouri.  That’s right. Our Attorney General is suing the University of Missouri over its ‘no guns allowed’ policy!

The Attorney General has stated his reason for intervening in this case is to “vindicate the rights of University of Missouri Professor Royce Barondes and all other Missouri citizens whose rights to keep and  to bear arms as guaranteed by Article I, section 23 of the Missouri Constitution  have been compromised by …the University of Missouri.”[1]

 The Curators’ Firearms Regulation:  University of Missouri System Regulations prohibit “[t]he possession … of firearms … on University property … except in regularly approved programs or by University agents or employees in the line of duty. [2]” With exceptions only for campus police and “regularly approved programs,” the Regulation prohibits the possession of firearms everywhere on University property.

This regulation violates state statutes.

1. Unless otherwise prohibited (by law), a person may carry a firearm openly (anywhere) in the State of Missouri.[3]
2. “The state shall not prohibit any state employee from having a firearm in the employee’s vehicle on the state’s property provided that the vehicle is locked and the firearm is not visible.[4]”  Professor Barondes, and all other University employees are “state employees.” as defined by law.[5]
3. University regulations that conflict with state law are unenforceable.[6]

In addition to violating state statutes, the University prohibition violates the Missouri Constitution.

“The right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, shall not be questioned. The rights guaranteed by this section shall be unalienable.”[7]

The Missouri Constitution goes on to state “[a]ny restriction on these rights shall be subject to strict scrutiny.”  “Strict (Judicial) Scrutiny is considered the ‘most rigorous and exacting standard of constitutional review,’ strict scrutiny is generally satisfied only if the law at issue is ‘narrowly tailored to achieve a compelling interest.’ ”[8]  To be narrowly tailored, a law must not burden substantially more constitutional rights than necessary to further the government’s interest.[9]

The University’s prohibition, however, is not narrowly tailored.  For example, the Regulation makes it impossible for any University employee who parks on University property to possess a firearm while driving directly to and from work. The Regulation substantially burdens the ability of University employees to possess firearms off campus when on the way to or from work. Therefore, Professor Barondes cannot possess a firearm while attending an after-work service project in a high crime area or while completing an evening firearms training course without first returning home to retrieve his firearm or collecting it from a secure, off-campus location.         By diminishing the right of University employees, like Professor Barondes, to possess firearms during the workweek, regardless of whether they are on University property or acting within the scope of their employment, the Regulation burdens substantially more constitutional rights than necessary.

The suit goes on to argue, for example, a University employee who obtains a CCW and an order of protection after receiving a direct threat of violence (from an ex-spouse) has no clear way to request Defendants’ permission to carry a concealed firearm for personal protection while at work.  A faculty member whose protected speech sparks country-wide vitriol and threats also has no clear way to request Defendants’ permission to carry a concealed firearm while at work. Therefore, the right of University employees with valid CCWs is meaningless if the Regulation bans those individuals from carrying concealed firearms on University property and provides no meaningful process for them to request and receive permission to do so in the first place.

The suit seeks an order from the Court;

1. Declaring that the Regulation conflicts with state statute and is therefore preempted and unenforceable to the extent it prohibits Professor Barondes and other University employees from: (1) possessing firearms while driving their vehicles on University property to and from work; and, (2) keeping firearms secured and out-of-sight in their locked vehicles parked on University property while conducting activities within the scope of their employment.
2. Permanently enjoining the University from enforcing the Regulation to the extent it prohibits Professor Barondes and other University employees from: (1) possessing firearms while driving their vehicles on University property to and from work; and, (2) to the extent it prohibits keeping firearms secured and out-of-sight in their locked vehicles parked on University property while conducting activities within the scope of their employment.
3. Permanently enjoining the University from enforcing the Regulation to the extent it prohibits Professor Barondes and other University employees from: (1) possessing firearms while driving their vehicles on University property to and from work; and, (2) keeping firearms secured and out-of-sight in their locked vehicles parked on University property while conducting activities within the scope of their employment.
4. Enjoining and instructing the University to establish within 90 days of  the entry of judgment a meaningful process for University employees with valid CCWs to request and receive permission (pursuant to RSMo. § 571.107.1(10)) to carry concealed firearms while at work.

Conclusion.  This case was originally filed in Cole County, on September 19, 2015.  It was subsequently transferred to Boone County Circuit Court and assigned to Judge Jeff Harris.  After almost a year and nine months, it may finally be nearing a trial setting.  The decision of the trial court may be appealed so a final decision may not be coming any time soon. Nevertheless, it is an important case to watch.  I cannot imagine how the court could uphold the University’s prohibition in light of Missouri’s Constitution and state statutes to the contrary.  Of course, the court has surprised me in the past …

In any event, continue to watch this column and I will keep you posted.

Note: since the fall semester of 2006, Utah has allowed concealed carry on its nine public colleges, and one public technical college, with no uptick in gun-related violence.  In addition, concealed carry has been allowed on the two Colorado State University campuses — in Fort Collins and Pueblo — since 2003 and 14 Colorado community colleges since 2010. All Mississippi public colleges have allowed campus carry since 2011 and, as of last year, all Idaho public colleges have allowed it, all with no major incidents.

Royce de R. Barondes, the MU professor behind a lawsuit that challenges restrictions on carrying a firearm on campus.

[1] Case Number: 16BA-CV03144

[2] https://www.umsystem.edu/ums/rules/collected_rules/facilities/ch110/110.010_regulations.

[3] RSMo. § 21.750.3(2).

[4] RSMo. § 517.030.6.

[5] RSMo. § 517.030.6.

[6] Babb v. Missouri Pub. Serv. Comm’n, 414 S.W.3d 64, 70 (Mo. App.W.D. 2013).

[7] Mo. Const. art. I, § 23

[8] Dotson v. Kander, 464 S.W.3d 190, 197 (Mo. banc 2015)

[9] Phelps-Roper v. Nixon, 509 F.3d 480, 487 (8th Cir. 2007), modified on reh’g, 545 F.3d 685 (8th Cir. 2008).

Tactical Shotgun Rocked on July 8th!

You gotta get a Super Belt…No kidding, I have not bought a new belt in 30 years!  In 1987 I purchased my leather, double stitched competition belt from Bianchi Gunleather when I was competing in the NRA Action Pistol Championships.  Since then, I have worn – almost exclusively – a heavy nylon web belt called the Instructor’s Emergency Rappel Belt made by Eagle Industries in Fenton, MO.  I wore it with my police uniform to anchor my duty belt, as a firefighter/paramedic working rescues, and for 30 years I have threaded a variety of holsters through it, over it, and under it.  It has given me a tremendous return on my original investment, but as a gun-toting tool is should have been retired many years ago.

So along comes this fellow Ellis Benus.  I have known of Ellis for over 15 years because his mom Tami R. Benus has been my CPA for all those years.  (Tami is a separate story and I recommend her VERY highly!  See www.trbcpa.com).  Like me, Ellis is a friend and peer of Tom Bradley and, also like me, he has been a guest on Tom’s show many times.  After one of my visits on Tom’s show, Ellis called me to talk about gun stuff.  He asked me if I was familiar with his “Super Belt” and I replied that I had heard of it…but I did not need a new belt.  In true macho male fashion I pointed out that the one I have been using for 30 years suited me just fine.  Not telling me openly that I was an idiot, Ellis suggested that we get together.  We did, and he supplied me with the belt that I have been wearing now for about 3 months.  OK…two things:

1. I can be stubborn or hard-headed (an idiot), and;
2. Everybody needs a Super Belt – particularly if you are carrying a firearm on your waist in or outside the beltline!

From a CCW perspective, I became so used to the way my SERPA belt holster and IWB Crossbreed Super Tuck Deluxe concealment holster fit on my old belt, I forgot how much better it could be.  And I am the guy who preaches that a quality belt is as important as your selection of a holster and firearm – sheeesh!  What I noticed right away was how much more securely my holstered pistol rode behind the point of my hip.  When I wear my SERPA, the solid construction of the Super Belt holds my pistol in a more vertical orientation without the into- and away-from sway or pitch that I had with my more worn belt.  The big plus here is when I am getting in and out of a vehicle or sitting down in a chair.  With the old belt there was slop and movement.  I got used to banging the grip of my pistol into things.  Now my pistol rides with much less motion and I can articulate at the waist or shift my hips and NOT clunk into things.  When wearing my IWB Crossbreed the belt clips anchor the holster securely in place and I don’t have to contend with the holster coming out of my pants or pulling free when I draw.  Note: If you use a thinner dress belt or a nylon belt like I had, an IWB holster should probably have “J hooks” instead of the standard snap-lock belt clips to prevent what I just described from happening.  J hooks go behind the belt and underneath the bottom instead of over the top and outside.

The Super Belt (www.thesuperbelt.com) is plain and utilitarian; exactly what I like.  With a choice of black or brown and shiny or subdued buckles it will pair with your dress slacks as well as jeans, or in my case…cargo shorts!  The belt is made of BioThane, a material that is non-absorbent having a tensile strength of over 4,000 pounds.  Go to the website and watch the videos, particularly the one where Ellis uses his belt to pull a truck uphill!

Here is the bottom line.  Even “experts” like me sometimes need to be reminded of the basics.  You know, the simple building blocks that direct how we live, train, and do business.  Ellis has a really worthwhile product here that I can depend upon and I will continue to wear mine.  I respectfully suggest that you re-examine your system, equipment, and mode of carry.  If it is merely “good enough” but no more than that, re-evaluate what you are doing and why you are doing it that way.  I am much happier and more comfortable now than I was before with my old gear.  Contact Ellis to get yours today.  The website also explains how to measure for best sizing: www.thesuperbelt.com.

Courses Coming This Fall – But Get in Early!

Chuck Basye Ribeye Steak Sandwich Fundraiser

Harrisburg Lion’s Club, 120 East Sexton, Harrisburg, MO

Saturday, August 5th, 5:30-8:00 pm

Folks We Trust and Do Business With…and You Should Too!

ADVERTISING – THIS IS HOW WE ROLL…Many have asked how much it costs to advertise in The Shooting Times.    The answer is ZERO.  I don’t currently accept paid advertising.  The folks you see in our newsletter are people I know and trust and do business with myself.  They share the good word about me and I do the same for them.  Same kind of barter thing that helped get our country going.  Still works today.  So when you see an ad, a business card, or a referral in The Shooting Times, they didn’t pay for it…they earned it!  Thanks everyone!

Congratulations to The 2017 Ultimate Indian!