Franklin Co.: Gun Bill Would Hurt Efforts to Curb Meth, Heroin, Lead to Shorter Sentences

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Psychonaught
Heroin.
Missouri has for years held onto its infamous title as Meth Capital of the United States, and Franklin county reliably contributes to that statistic with a very high rate of meth labs busts. Now, Franklin County Sheriff Gary Toelke says that his office's efforts to combat meth -- and rising heroin use -- would be negatively impacted if the state legislature this week successfully enacts the controversial House Bill 436.

The proponents of this proposal have billed it as a pro-gun law designed to push back against the threat of gun control, but an increasing number of law-enforcement officials across the state are arguing that the bill as written would directly hinder existing crime-fighting measures.

"I'm very pro-Second Amendment," Toelke tells Daily RFT, "but when there are problems with a law that's going to create the opposite of what you're trying to fix or prevent, you've got to state your case."

See also: Mentally Challenged Man Kills Teen: "Why Gun Control Is Important"

HB 436 -- which has arguably become Missouri's most high-profile piece of legislation this year-- is the GOP's so-called "Second Amendment Preservation Act" that would make it a criminal offense to enforce federal firearm laws that infringe on the right to bear arms. Law-enforcement officers who enforce certain federal laws, or even attempt to do so, could be charged.

Governor Jay Nixon, a Democrat, vetoed the legislation earlier this year, arguing that it is irresponsible and unconstitutional for the state to pass a law contradicting federal ones. Some lawmakers, however, will attempt to override his veto in a session tomorrow, and given that a handful of Democrats support the measure, they may be successful.

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Michael Glasgow photo via Flickr

The bill has gotten national media attention and has been labeled one of the most extreme states' rights and pro-gun proposals in the country right now.

Supporters say they have a duty to stand up to President Barack Obama's gun control agenda.

In the final days leading up to the showdown, a wide range of law enforcement officials have been publicly stating their opposition to the proposal, with many pointing out that the language of the proposal would effectively block police partnerships with federal agencies like the Federal Bureau of Investigation and the Drug Enforcement Administration.

Simply put, police officials fear that if criminals are caught breaking federal firearm laws, officers may very well be barred from making arrests and bringing forward charges. Federal agents would face the risk of breaking state law if they intervene.

"We work with quite a few different federal agencies," says Toelke. "They've helped us on many cases, many times over the years."

An obvious area where HB 436 could hurt Franklin County is his office's drug task force, he says.

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Missouri Attorney General Chris Koster, vocal critic of the legislation

"If this would pass and there would be a gun involved in a drug case, then they wouldn't be able to apply that part of the statute in sentencing," he explains. "When we have drug cases, the sentencing is enhanced due to the fact that firearms are involved."

For example, he says, if a large shipment of heroin arrives in Franklin County and the dealers used firearms in the process, prosecutors could be blocked from using this fact in pushing for a harsher punishment from a judge.

"That would actually lessen the sentence," he says of the proposed law, adding, "the more time these people get, the better off we are, from a law-enforcement perspective."

Continue for more of our interview with Gary Toelke and for the Missouri Sheriffs' Association official statement on HB 436.

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5 comments
John L. Williams
John L. Williams

If they aren't using the gun, but merely have it in their possession how could they tack on extra charges? For example...a heroin addict that obtained the gun legally and has a conceal and carry permit and gets pulled over. Cops find out he has heroin on him and he admits to having the gun and his C&C. How could merely having the gun tack on extra charges?

Amanda Flower
Amanda Flower

And rightfully so. A person with a gun can be dangerous enough. A person with a gun high on heroin is a toxic combination and they should be punished with a longer prison term.

Chris Ferguson
Chris Ferguson

Nope, but neither is the cop quoted in the story. Just going by what he says "he says, if a large shipment of heroin arrives in Franklin County and the dealers used firearms in the process, prosecutors could be blocked from using this fact in pushing for a harsher punishment from a judge." He used a drug dealer as example for impact, but if any heroin users (who may have a gun for protection) gets popped, it would seem he likes to add that charge to sentencing for longer prison terms.

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