413 S.W.3d 718
Mo. Ct. App.2013Background
- Lumetta pleaded guilty in 1986 to possessing a firearm while intoxicated, a misdemeanor.
- In 2012 Lumetta applied to the Sheriff for a concealed carry endorsement under §571.101.
- The Sheriff denied the application based solely on the 1986 guilty plea, even after Lumetta provided more documentation.
- Lumetta appealed to the Associate Circuit Court, which ruled in his favor and ordered issuance of the certificate.
- The Sheriff sought trial de novo; the case was certified to the Circuit Court of St. Charles County and a bench trial was held on stipulated facts.
- The circuit court held §571.101.2(2) ambiguous and ordered the Sheriff to issue the certificate; the Sheriff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §571.101.2(2) disqualify Lumetta from a concealed carry certificate? | Lumetta: statute vague and ambiguous. | Lumetta: statute disqualifies him under its terms. | Yes; Lumetta is disqualified under §571.101.2(2). |
Key Cases Cited
- Bateman v. Rinehart, 391 S.W.3d 441 (Mo. banc 2013) (plain meaning governs statutory interpretation)
- State ex rel. Valentine v. Orr, 366 S.W.3d 534 (Mo. banc 2012) (de novo review when facts are stipulated)
- State v. Rodgers, 396 S.W.3d 398 (Mo.App. W.D.2013) (statutory interpretation is a pure question of law)