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BROOKS v. STATE

No. SC 85674.

128 S.W.3d 844 (2004)

Alvin BROOKS, et al., Respondents/Cross-Appellants, v. STATE of Missouri and Attorney General Jeremiah W. (Jay) NIXON, Appellants/Cross-Respondents, James Murphy, Defendant, Bull's Eye, L.L.C., et al., Appellants/Cross-Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing March 30, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Paul C. Wilson, Deputy Chief of Staff, Alana M. Barragan-Scott, Chief Counsel, William J. Bryan, Asst. Atty. Gen., Jefferson City, Peter von Gontard, Russell L. Makepeace, St. Louis, for Appellants/Cross-Respondents.

Gordon D. Schweitzer, St. Louis, for Defendant.

Burton W. Newman, Clayton, Richard C. Miller, Kansas City, for Respondents/Cross-Appellants.

Michael B. Minton, Richard P. Cassetta, Jason A. Wheeler, Thompson Coburn, LLP, St. Louis, Stephen P. Halbrook, Richard E. Gardiner, Fairfax, VA, for amicus curiae National Rifle Association of America, Inc.

Jay D. Haden, Kathleen A. Kedigh, Office of the Jackson County Counselor, Joel Pelofsky, Kansas City, amicus curiae for Jackson County, Missouri.

STEPHEN N. LIMBAUGH, JR., Judge.

This is an appeal from a judgment of the Circuit Court of the City of St. Louis declaring the recently enacted Concealed-Carry Act, sections 50.535, 571.030 and 571.094, RSMo, unconstitutional. Because this case involves the validity of a state statute, this Court has exclusive appellate jurisdiction. MO. CONST. art. V, sec. 3.1

I.

On September 11, 2003, a super-majority of the...

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