913 LOCAL
4
W E D N E S DAY ,
J U LY
2,
2014
|
913
913 LOCAL GOVERNMENT WATCH
Cities navigate a changing landscape of Kansas legislation on gun regulations
C
By LUKE RANKER Special to The Star
ities in Kansas are repealing ordinances restricting guns to comply with a state law that went into effect Tuesday even as some officials complain the state has trampled local au-
thority.
The law, HB 2578, went into effect Tuesday but some cities had already started changing their laws. The law prohibits cities from banning the transportation, possession, carrying and sale of firearms and knives, leaving regulation up to the state. That means cities can no longer ban the open carry of weapons in city buildings, parks and sidewalks. Proponents of the law say it unifies gun laws across the state, but opponents are concerned that open carry has no place in an urban area and the state is trampling on cities’ ability to govern themselves. Prairie Village and Lenexa repealed their bans on open carry in the past month while Overland Park, Merriam and Roeland Park repealed bans more than a year ago. Leawood and the consolidated government of Wyandotte County and Kansas City, Kan., will remove their bans now that the state law is effective. Some cities, like Shawnee and Olathe, had no gun restrictions on the books. Rep. Brett Hildabrand, a Republican from Shawnee, said the law creates a unified system across the state, which is especially important in Johnson County,
where a several cities create a “patchwork” of laws. “You could break the law four or five times driving across the county,” he said. But not everyone in the Legislature agrees with Hildabrand. Stephanie Clayton, a Republican from Overland Park, voted against the bill because open carry doesn’t fit the culture of her district, which includes Overland Park and Prairie Village. Clayton said open carry might have a place is rural areas, but not in the metro area. “We don’t go to western Kansas and tell them how to live,” she said.
| FILE PHOTO
Cities’ worries about the law go beyond weapons. The state enacting a law that overtakes municipal laws is a violation of the state’s Home Rule Act, a 1960 law the gives cities and counties the right to make certain decisions without state approval, Clayton said. The Kansas League of Municipalities says the law reduces local control. Erik Sartorius, league executive director, said that the best
form of governance comes from those closest to the people: the cities and counties. “There are levels of frustration, but the law is the law,” Sartorius said. The law is also a change for police departments. Police Capt. Tim Schwartzkopf of the Prairie Village Police Separtment said the new law changes the way officers interact with the public.
Schwartzkopf is concerned because carrying a gun in places like a city park used to be illegal, but now isn’t, meaning officers will have to guess the intentions of any person carrying a gun. “It’s hard to know what a person is going to do because you can’t get into their head,” he said. Schwartzkopf said the police department has used information from other cities
about how to handle open carry to prepare officers. Because dispatchers are usually the first to receive a call about a gun, he said it was especially important to train them on new laws. In Overland Park, there hasn’t been much of a change since the city repealed its open carry ban in 2012, said Gary Mason, police public information offiCONTINUED ON NEXT PAGE
913
FROM PREVIOUS PAGE
cer. After the city allowed open carry in October 2012, Mason said an individual was carrying a gun at the city’s soccer complex during a youth game. Several concerned parents phoned police, but the individual left. Although police have seen an increase in calls about open carry laws, there have been no major incident, Mason said. For him open carry is better than conceal carry. “At least with open carry we know where the gun is,” he said. “It’s the ones that we don’t know about that cause the greatest concern.” Shortly after Merriam repealed its ban on open carry a year ago, Councilman Al Frisby said an elderly couple called police after they saw a man with a handgun on a city sidewalk. Frisby prefers concealed carry, he said, because unlike open carry, concealed carry permits require extensive background checks and training. With recent events like the Sandy Hook shooting and the shooting at the Jewish Community Center, Frisby said he’s concerned about senior citizens and young people seeing a gun and not understanding the situation. “It’s the OK Corral just around the corner,” he said. Roeland Park repealed its law last year for financial reasons, City Administrator Aaron Otto said. At that time, cities could ban weapons if they applied for a fouryear exemption. That exemption came with stipulations like limiting entrances to municipal buildings, placing guards at entrances and installing metal detectors, which Otto said the city couldn’t afford. During a recent remodeling of city hall, security features were added to the building, but Otto would not talk in detail about those features. The consolidated government of Wyandotte County and Kansas City, Kan., was granted a four-year exemption last year, said spokes-
man Mike Taylor. but the case was dismissed. The city has guards and Earlier this year Grant Nelmetal detectors at the court- son, a former lieutenant govhouse and city hall. The gov- ernor candidate for the Libernment will assess the cost ertarian Party, filed a lawsuit of adding metal detectors to in Prairie Village after the other municipal buildings, city barred him from carrybut Taylor said it’s unlikely ing a gun in a public park. the city can afford it. Loren Stanton, a member “My guess is it would cost of the anti-gun violence us millions of dollars,” he group the Brady Campaign, began passing out “no guns said. Taylor said it’s not just allowed” signs to local busifirearms that concern him. nesses over a year ago. He The law also prevents a city said he visited countless from regulating the carrying businesses and about 200 of knives, which the law de- took signs, while another fines as a dagger, dirk, 100 said they said they switchblade, stiletto, straight agreed with banning open edge razor or any other dan- carry, but didn’t want to lose gerous or deadly cutting in- any potential customers. “I got a strong sense of strument. The size of the weapon is not specified, overwhelming dislike for Taylor said, so people could open carry,” he said Stanton said that open carcarry a sword legally. “I could carry a Japanese ry can send the wrong meswar sword on one hip, a sage. Carrying a gun into TEC-9 on the other and an sensitive areas like churchassault rifle on my back,” he es, near schools and at gatherings at parks sends a hossaid. “Perfectly legal.” His main concern is tile message, he said. crowded buildings, like the “I think it’s an unfriendly city’s municipal court where thing,” he said, adding there plaintiffs and defendants are should be public education close and a person with a about what’s appropriate. “I knife could easily go unno- don’t think you should walk ticed. into a Wendy’s with an “(Someone) could stab AR-15 or anything like that.” somebody in the gut and get out of there before anyone noticed,” he said. Taylor, who lobbied against HB 2578 for the consolidated government, agrees that the law hinders the cities home rule authority. At the local level, citizens have more of a chance to share concerns and talk to elected officials than they do at the state level. Taylor said it’s particularly frustrating because legislators, particularly Republicans, complain about the federal government superseding states’ rights and here they’ve nullified local laws. “It’s hypocritical,” he said. “They trampled on us with both feet.” Differing city gun laws have caused controversy in the past. In 2012 the Libertarian party attempted to sue Leawood and Prairie Village over their gun bans,
|
W E D N E S DAY ,
J U LY
2,
2014
HURRY… SALE ENDS THIS SUNDAY, JULY 6TH!
5
TM
@;.C;083+ 0% F8;28?@DH0@8;( 5
★ ★ ★ ★ ★ ★ ★
INTEREST FOR
H003C22C2
8;?+
%
M %%
M
4I)OJ"J"&L ?"!"J&'
D883 G/20C32(
8;?+
#%
4I)OJ"J"&L ?"!"J&'
Sealy Plush
>C>83+ B8H> 0-@; >H003C22
M
>C>83+ B8H> 4/CC; 2C0
*E%
M
4I)OJ"J"&L ?"!"J&'
6%6 4I)OJ"J"&L ?"!"J&'
Simmons Beautysleep
Queen Set
$
YEARS†
★ ★ ★ ★ ★ ★ ★
Queen Set
$
397
FREE
497
King Set $599
BOXSPRING
King Set $699
FREE
BOXSPRING
Jumbo Beautyrest Plush
Adjustable Bases
Queen Set
$
799
Queens From
$
FREE
WORLD CLASS
BOXSPRING
799
King Set $1099
FREE
BOXSPRING
• 1 Year Low Price Guarantee shop us today! • 1 Year Comfort Guarantee
• FREE Same Day Delivery* • FREE Removal & Setup*
PLUS
0% 5
INTEREST FOR
YEARS†
TEMPUR-Cloud™
TEMPUR-Cloud™
Supreme
Breeze
PLUS
M
6K PER MO.
$ up to
300
BONUS CASH
M
#% PER MO.
TEMPUR-Cloud™ Luxe
PLUS $ up to
300
BONUS CASH
M
7% PER MO.
PLUS $ up to
300
BONUS CASH
SAME DAY DELIVERY AVAILABLE
HOURS: Monday - Friday 10am to 8pm • Saturday 10am to 8pm • Sunday Noon to 6pm
See store for details.
†
---92?CC58;C9F8>
*$599 & up. See store for details.
W E D N E S DAY ,
J U LY
2,
2014
|
913
913 LOCAL GOVERNMENT WATCH
Cities navigate a changing landscape of Kansas legislation on gun regulations
C
By LUKE RANKER Special to The Star
ities in Kansas are repealing ordinances restricting guns to comply with a state law that went into effect Tuesday even as some officials complain the state has trampled local au-
thority.
The law, HB 2578, went into effect Tuesday but some cities had already started changing their laws. The law prohibits cities from banning the transportation, possession, carrying and sale of firearms and knives, leaving regulation up to the state. That means cities can no longer ban the open carry of weapons in city buildings, parks and sidewalks. Proponents of the law say it unifies gun laws across the state, but opponents are concerned that open carry has no place in an urban area and the state is trampling on cities’ ability to govern themselves. Prairie Village and Lenexa repealed their bans on open carry in the past month while Overland Park, Merriam and Roeland Park repealed bans more than a year ago. Leawood and the consolidated government of Wyandotte County and Kansas City, Kan., will remove their bans now that the state law is effective. Some cities, like Shawnee and Olathe, had no gun restrictions on the books. Rep. Brett Hildabrand, a Republican from Shawnee, said the law creates a unified system across the state, which is especially important in Johnson County,
where a several cities create a “patchwork” of laws. “You could break the law four or five times driving across the county,” he said. But not everyone in the Legislature agrees with Hildabrand. Stephanie Clayton, a Republican from Overland Park, voted against the bill because open carry doesn’t fit the culture of her district, which includes Overland Park and Prairie Village. Clayton said open carry might have a place is rural areas, but not in the metro area. “We don’t go to western Kansas and tell them how to live,” she said.
| FILE PHOTO
Cities’ worries about the law go beyond weapons. The state enacting a law that overtakes municipal laws is a violation of the state’s Home Rule Act, a 1960 law the gives cities and counties the right to make certain decisions without state approval, Clayton said. The Kansas League of Municipalities says the law reduces local control. Erik Sartorius, league executive director, said that the best
form of governance comes from those closest to the people: the cities and counties. “There are levels of frustration, but the law is the law,” Sartorius said. The law is also a change for police departments. Police Capt. Tim Schwartzkopf of the Prairie Village Police Separtment said the new law changes the way officers interact with the public.
Schwartzkopf is concerned because carrying a gun in places like a city park used to be illegal, but now isn’t, meaning officers will have to guess the intentions of any person carrying a gun. “It’s hard to know what a person is going to do because you can’t get into their head,” he said. Schwartzkopf said the police department has used information from other cities
about how to handle open carry to prepare officers. Because dispatchers are usually the first to receive a call about a gun, he said it was especially important to train them on new laws. In Overland Park, there hasn’t been much of a change since the city repealed its open carry ban in 2012, said Gary Mason, police public information offiCONTINUED ON NEXT PAGE
913
FROM PREVIOUS PAGE
cer. After the city allowed open carry in October 2012, Mason said an individual was carrying a gun at the city’s soccer complex during a youth game. Several concerned parents phoned police, but the individual left. Although police have seen an increase in calls about open carry laws, there have been no major incident, Mason said. For him open carry is better than conceal carry. “At least with open carry we know where the gun is,” he said. “It’s the ones that we don’t know about that cause the greatest concern.” Shortly after Merriam repealed its ban on open carry a year ago, Councilman Al Frisby said an elderly couple called police after they saw a man with a handgun on a city sidewalk. Frisby prefers concealed carry, he said, because unlike open carry, concealed carry permits require extensive background checks and training. With recent events like the Sandy Hook shooting and the shooting at the Jewish Community Center, Frisby said he’s concerned about senior citizens and young people seeing a gun and not understanding the situation. “It’s the OK Corral just around the corner,” he said. Roeland Park repealed its law last year for financial reasons, City Administrator Aaron Otto said. At that time, cities could ban weapons if they applied for a fouryear exemption. That exemption came with stipulations like limiting entrances to municipal buildings, placing guards at entrances and installing metal detectors, which Otto said the city couldn’t afford. During a recent remodeling of city hall, security features were added to the building, but Otto would not talk in detail about those features. The consolidated government of Wyandotte County and Kansas City, Kan., was granted a four-year exemption last year, said spokes-
man Mike Taylor. but the case was dismissed. The city has guards and Earlier this year Grant Nelmetal detectors at the court- son, a former lieutenant govhouse and city hall. The gov- ernor candidate for the Libernment will assess the cost ertarian Party, filed a lawsuit of adding metal detectors to in Prairie Village after the other municipal buildings, city barred him from carrybut Taylor said it’s unlikely ing a gun in a public park. the city can afford it. Loren Stanton, a member “My guess is it would cost of the anti-gun violence us millions of dollars,” he group the Brady Campaign, began passing out “no guns said. Taylor said it’s not just allowed” signs to local busifirearms that concern him. nesses over a year ago. He The law also prevents a city said he visited countless from regulating the carrying businesses and about 200 of knives, which the law de- took signs, while another fines as a dagger, dirk, 100 said they said they switchblade, stiletto, straight agreed with banning open edge razor or any other dan- carry, but didn’t want to lose gerous or deadly cutting in- any potential customers. “I got a strong sense of strument. The size of the weapon is not specified, overwhelming dislike for Taylor said, so people could open carry,” he said Stanton said that open carcarry a sword legally. “I could carry a Japanese ry can send the wrong meswar sword on one hip, a sage. Carrying a gun into TEC-9 on the other and an sensitive areas like churchassault rifle on my back,” he es, near schools and at gatherings at parks sends a hossaid. “Perfectly legal.” His main concern is tile message, he said. crowded buildings, like the “I think it’s an unfriendly city’s municipal court where thing,” he said, adding there plaintiffs and defendants are should be public education close and a person with a about what’s appropriate. “I knife could easily go unno- don’t think you should walk ticed. into a Wendy’s with an “(Someone) could stab AR-15 or anything like that.” somebody in the gut and get out of there before anyone noticed,” he said. Taylor, who lobbied against HB 2578 for the consolidated government, agrees that the law hinders the cities home rule authority. At the local level, citizens have more of a chance to share concerns and talk to elected officials than they do at the state level. Taylor said it’s particularly frustrating because legislators, particularly Republicans, complain about the federal government superseding states’ rights and here they’ve nullified local laws. “It’s hypocritical,” he said. “They trampled on us with both feet.” Differing city gun laws have caused controversy in the past. In 2012 the Libertarian party attempted to sue Leawood and Prairie Village over their gun bans,
|
W E D N E S DAY ,
J U LY
2,
2014
HURRY… SALE ENDS THIS SUNDAY, JULY 6TH!
5
TM
@;.C;083+ 0% F8;28?@DH0@8;( 5
★ ★ ★ ★ ★ ★ ★
INTEREST FOR
H003C22C2
8;?+
%
M %%
M
4I)OJ"J"&L ?"!"J&'
D883 G/20C32(
8;?+
#%
4I)OJ"J"&L ?"!"J&'
Sealy Plush
>C>83+ B8H> 0-@; >H003C22
M
>C>83+ B8H> 4/CC; 2C0
*E%
M
4I)OJ"J"&L ?"!"J&'
6%6 4I)OJ"J"&L ?"!"J&'
Simmons Beautysleep
Queen Set
$
YEARS†
★ ★ ★ ★ ★ ★ ★
Queen Set
$
397
FREE
497
King Set $599
BOXSPRING
King Set $699
FREE
BOXSPRING
Jumbo Beautyrest Plush
Adjustable Bases
Queen Set
$
799
Queens From
$
FREE
WORLD CLASS
BOXSPRING
799
King Set $1099
FREE
BOXSPRING
• 1 Year Low Price Guarantee shop us today! • 1 Year Comfort Guarantee
• FREE Same Day Delivery* • FREE Removal & Setup*
PLUS
0% 5
INTEREST FOR
YEARS†
TEMPUR-Cloud™
TEMPUR-Cloud™
Supreme
Breeze
PLUS
M
6K PER MO.
$ up to
300
BONUS CASH
M
#% PER MO.
TEMPUR-Cloud™ Luxe
PLUS $ up to
300
BONUS CASH
M
7% PER MO.
PLUS $ up to
300
BONUS CASH
SAME DAY DELIVERY AVAILABLE
HOURS: Monday - Friday 10am to 8pm • Saturday 10am to 8pm • Sunday Noon to 6pm
See store for details.
†
---92?CC58;C9F8>
*$599 & up. See store for details.
