ST. LOUIS–The St. Louis Board of Aldermen met Friday morning for a brief session that was punctuated by wide support for a resolution recognizing the day as Gun Violence Awareness Day. The measure came one day after an 11 year-old died after accidentally shooting himself.
A news conference shortly after the meeting exposed both the internal and external challenges the board may face in trying to pass a bill to address the proliferation of guns in the city.
Alderwoman Cara Spencer has introduced Board Bill 29, which would prohibit openly carrying any firearm without a valid concealed carry permit. In 2014, state lawmakers passed legislation that allowed for open carry without a permit, superseding an existing city law that had been on the book since 1970.
The state law did not limit a city’s ability to pass new legislation requiring those who want to carry firearms openly from requiring a permit.
Spencer said Kansas City, which also had its own law that was thrown out because of the state law, “walked right through that needle” carved out in state law, and wants St. Louis to follow the same path.
“The open carrying of firearms never became legal there, it never became commonplace it never became part of the gun carrying culture like it has taken hold in St. Louis and now we are in a very, very bad place,” Spencer said. "A place where the open carrying of firearms has not only been legal it's become commonplace and we have to unwind from where we are, and it is a dangerous place, it is not a safe or healthy place to be at.”
Violators of the city ordinance could face a $500 fine and up to 30 days in jail. A court could also order confiscation and disposal of the weapon. Unlike a state law, violations would not go on someone’s criminal record.
In a back-and-forth news conference in Board President Megan Green’s office featuring a handful of other members of the board, Spencer and Board President Megan Green rebutted each other over facets of the bill. Green says Kansas City has the law but doesn’t enforce it due to potential legal liability and public safety concerns.
“We have a shared agreement that we must address gun violence and do everything we can that's within our authority to get guns off the street, but we have to do it in a way that's smart, and in a way that's legal and in a way that will be upheld in court because we will be sued over it,” Green said, citing what she said were “structural issues” with the bill, including the potential for a “stop and frisk” model that has a disproportionate impact, as well as questions over the ability to take the weapon.
Spencer believes police could take a weapon at the time of the offense under a so-called “safe harbor” provision, with confiscation being a longer term issue at the time of conviction. Removing that from the bill, she said, “would be a very minor piece.”
Green says they’re waiting for legal counsel to weigh in on whether a “safe harbor” action would be considered the same as confiscation.
The divide on the issue is one of the first among the progressive wing on a Board of Aldermen reconstituted in a smaller form following the April elections which left the panel with 15 members, including the President.
The election was widely seen as a win for progressives, led by Green. Spencer, also a progressive, who lost to Tishaura Jones in the race for Mayor in 2021, is seen as a potential contender for a rematch in 2025.
The bill was heard by the board’s public safety committee Thursday. A spokesman for Mayor Jones said her office was still reviewing the legislation.