be funded by "full state financing." See art. X, secs. 16 and 21. The parties apparently characterize the fee -- at least to the extent that it funds or partially funds the mandate -- as a permissible "user fee." As so characterized, it does not require a vote of the people under article X, section 22(a), another Hancock provision, that otherwise prohibits counties and political subdivisions from levying any "tax, license or fees," without voter approval. See Keller v . Marion County Ambulance Dist., 820 S.W.2d 301, 304-5 (Mo. banc 1991). But the question remains open, because it was not raised by the parties, as to whether a fee imposed by a sheriff, under the authority of section 571.094.10, is a user fee at all or whether it is more accurately characterized as a "tax, license or fee" that must be approved by the county's voters under article X, section 22(a), before it may take effect in that county. A. As a preliminary matter, the state contends that the plaintiffs have no standing to raise the Hancock challenge and that the case is not ripe for adjudication. In the Hancock context, standing is conferred not by caselaw, but by the
Constitution. Article X, section 23, states ". . . any taxpayer of the state, county or other political subdivision shall have standing to bring suit in a proper venue . . . to enforce provisions of sections 16 through 22 inclusive of the article . . . ." Under section 23, plaintiffs claim taxpayer standing to enjoin enforcement of the Act statewide. At first glance, though, the challenge is to a fee imposed only on the county level, which means that standing can be met only by individual taxpayers within each county. However, by directing that the sheriff in each county shall charge a fee of up to $100 for issuance of each permit, it is the state that is imposing the fee, and it is doing so on a statewide basis. As such, plaintiffs have taxpayer standing to challenge the Act statewide, but, as will be discussed, a statewide remedy is inappropriate.
Although plaintiffs have standing, they must still establish that the case is ripe, which means, in general, that "the parties' dispute is developed sufficiently to allow the court to make an accurate determination of the facts, to resolve a conflict that is presently existing and to grant specific relief of a conclusive character." Mo. Health Care Ass'n v. Attorney General of the State of Mo ., 953 S.W.2d 617, 621 (Mo. banc 1997). Under Hancock, a case is not ripe without specific proof of new or increased duties and increased expenses, and these elements cannot be established by mere "common sense," or "speculation and conjecture." Miller v. Director of Revenue, 719 S.W.2d 787, 789 (Mo. banc 1986). "This Court will not presume increased costs resulting from increased mandated activity." City of Jefferson v. Mo. Dept. of Natural Resources, 863 S.W.2d 844, 848 (Mo. banc 1993) (City of Jefferson I ). On the other hand, plaintiffs need only show that the increased costs will be more than de minimis. City of Jefferson v. Mo. Dept. of Natural Resources, 916 S.W.2d 794, 795 (Mo. banc 1996) ( City of Jefferson II). As noted, the testimony regarding anticipated activities and costs in implementing the Act pertained to only four counties -- Jackson, Greene, Cape Girardeau, and Camden. The evidence from Jackson County, all uncontroverted, was that costs of approximately $150,000 will be incurred in the first year alone to provide the personnel to fingerprint and conduct background checks on applicants and to otherwise process the permit applications. That projection was based on an estimated 5,000-6,000 applications, which in turn were based on county population and the fact that under existing law, approximately 5,000 firearms transfer permits are issued in the county each year. Testimony was also presented that in addition to the $150,000 cost for personnel, it would be necessary to engage the Missouri State Highway Patrol to conduct a "fingerprint analysis," which is part of each applicant's background check, and that for each applicant, the county would incur increased costs of at least $38, which is the sum charged by the Patrol for each case. The evidence from the other three counties was sparse, but ultimately each of the three sheriffs testified definitively that to discharge their new responsibilities, they, too, would find it necessary to engage the Highway Patrol to conduct
fingerprint analysis at $38 per case. Although there was little evidence to show the estimated number of permit applicants in each county, it is not disputed that there will be more than a few. The fact remains, though, that even if there are only a few, for each one the increased cost to each county will be at least $38, and as a result, the case is ripe in each county. Despite this conclusion, in the absence of specific proof of increased costs in the remaining Missouri counties, disposition of the case as to those counties is premature. See City of Jefferson II, 916 S.W.2d at 796-97 (holding that proof of increased costs must be shown by each city or county affected by an unfunded statutory mandate to file solid waste management plans with the Department of Natural Resources). To reiterate, this Court will not presume an increase in costs. Even though the challenge to the statewide mandate may properly be brought in a single suit, ripeness must be determined county by county. See id. B.
On the merits of plaintiffs' claim, the question is whether the provision for a sheriff's fee of up to $100 -- assuming the fee is otherwise constitutional -- is sufficient to fund the increased costs in each county. The fee cannot be used to offset costs directly, but must be credited to the sheriff's revolving fund, section 571.094.10, which can be used only for training and equipment, section 50.535.2. Although some of the increased costs may be incurred for training and equipment and properly reimbursed from the fund, substantial costs may be incurred for other purposes, as well. If so, there is an unfunded mandate. This conclusion, of course, governs application of the Act in all of Missouri's counties, but, in this case, specific evidence of increased costs was indeed presented for the four counties at issue. In fact, the same evidence that makes the case ripe for adjudication as to those counties -- the costs for personnel in Jackson County and for the Highway Patrol fingerprint analyses in all four counties -- is the same evidence that proves the Hancock violation on the merits of the case. This Court holds, therefore, that the Act constitutes an unfunded mandate in Jackson, Cape Girardeau, Greene, and Camden Counties for which an injunction will lie prohibiting enforcement by the state. See City of Jefferson II, 916 S.W.2d at 796-97. These counties are not required to comply with the Act to the extent that it mandates them to expend funds for that purpose. That said, however, the parties do not raise, nor do we address, the question of whether a county's governing body can still elect to fund the increased costs on a voluntary basis from other county revenue sources that are not dedicated for some other mandated use. In any event, that portion of increased costs attributable to training and equipment can still be recouped by imposition of a sheriff's fee, again assuming the fee is constitutional. However, in the event the fee charged exceeds the amount of estimated actual costs of training and equipment necessary for processing the permit
applications, as has been proposed by the three sheriffs testifying in this case, that excess cannot fairly be characterized as a permissible "user fee." Instead, it falls within article X, section 22, of the Hancock Amendment, which, as explained, prohibits counties and other political subdivisions from levying any "tax, license or fees" without voter approval. This Court also notes that under section 50.535.3, sheriffs of first-class counties have the option to "designate one or more chiefs of police of any town, city or municipality within such county to accept and process [concealed-carry permit applications and then] reimburse such chiefs of police, out of the moneys deposited into [the sheriffs revolving fund] for any reasonable expenses related to accepting and processing such applications." In theory, this provision allows some sheriffs to defer most, if not all, of their increased activities and costs under the Act. Finally, this Court holds that certain provisions of the Act do not implicate the Hancock Amendment and are not subject to injunctive relief. For instance, the reenacted section 571.030 -- the "unlawful use of weapons" statute -- provides that any person twenty-one years or older may lawfully transport a concealable firearm in the passenger compartment of a motor vehicle. Sec. 571.030.3. It also authorizes persons in specific situations to discharge, exhibit, or carry firearms or other weapons while engaged in a lawful act of self-defense, sec. 571.030.1(3)-(10). Additionally, subsections 20 and 21 of section 571.094 prohibit the carrying of concealed weapons in certain areas and locations (e.g ., churches, courthouses, and schools), with exceptions, and sets out civil penalties for failing to leave those areas and locations upon request. These are provisions that are not affected by any unfunded mandate under Hancock. IV.
Plaintiffs raise two other claims that merit little attention. Both are denied. First, plaintiffs contend that the Act is unconstitutionally vague because it fails to provide adequate notice of the prohibited conduct and set standards for its fair enforcement. Plaintiffs' sole support for their argument, however, consists of nothing more than a series of far-fetched hypotheticals. This approach is inconsistent with the long-standing rule in addressing such claims that "it is not necessary to determine if a situation could be imagined in which the language used might be vague or confusing; the language is to be treated by applying it to the facts at hand." State v. Lee Mechanical Contractors, 938 S.W.2d 269, 271 (Mo. banc 1997). At some time in the future plaintiffs' hypotheticals might arise as actual disputes; however, at this time they are merely conjecture. Second, plaintiffs argue that the Act "usurps the people's will as expressed by the defeat of Proposition B in 1999." The defeat of Proposition B, they explain, should preclude subsequent legislative action that allows what the Proposition would have allowed -- the carrying of concealed weapons. No court, at least in this state, has ever so held, and obviously,
to do so would be to call into question the entire concept of representative democracy. V.
For the foregoing reasons, the judgment of the trial court declaring the Concealed-Carry Act unconstitutional under article I, section 23, is reversed. The judgment of the trial court dismissing the Hancock claims under article X, sections 16 and 21, is reversed as it applies to Jackson, Cape Girardeau, Greene, and Camden Counties, and judgment is entered enjoining the state of Missouri from enforcing the Act, but only to the extent it constitutes an unfunded mandate imposed on those counties. The judgment of the trial court dismissing the Hancock claims as applied to all other counties is affirmed because of lack of ripeness, and the trial court's injunction prohibiting enforcement of the Act in those counties is therefore dissolved. The case is remanded for disposition of the bond under section 526.200 and assessment of costs and attorneys fees under article X, section 23.
Footnotes: FN1. National Rifle Association of America, Inc. and Jackson County, Missouri, have filed briefs as amici curiae. FN2. The list of plaintiffs included Alvin Brooks, Carl Wolf, Bishop Willie James Ellis, Richard Clark Miller, Pastor B.T. Rice, Lyda Krewson, Senator Joan Bray, Senator Maida Coleman, Senator Rita Heard Days, Scott Burnett, and the Institute for Peace and Justice, though t he Institute was later dismissed for lack of standing. FN3. On appeal, defendants have abandoned the venue issue for the stated reason that they do not wish to delay a decision on the merits. Separate Opinion: