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KS governor signs bill nullifying all gun restrictions in state

Posted by Olog-hai on Thu Apr 24 00:28:07 2014

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Brownback approves bill nullifying local gun regulations

Bill strips local restrictions on open carry, gun sales and transport

Posted: April 23, 2014 10:11am
By Andy Marso

Gov. Sam Brownback has signed legislation nullifying city and county gun restrictions and ensuring that it is legal across the state to openly carry firearms.

The governor announced his action Wednesday. The new law will take effect July 1. The National Rifle Association has described it as a model for stripping local officials of their gun-regulating power.

The bill would sweep away local restrictions on open carry, though cities and counties could prevent people from doing so in public buildings.

The measure also would prevent cities and counties from enacting restrictions on firearm sales or how guns are stored and transported.

Rich Eckert, Shawnee County counselor, said the bill's effect locally could be limited, as Shawnee County already allows concealed carry and doesn’t have restrictions on transporting guns.

Those who have federal gun dealer licenses have always been able to sell out of their homes, he said, regardless of local zoning.

“We couldn’t stop you, that was an exemption, so we’ve never really messed with gun sales at all," Eckert said. "So it won’t have any practical effect in what we already do.”

Chad Sublet, attorney for the city of Topeka, said he is still reviewing the bill.

Like Eckert, he said he didn’t believe it would have much effect on current city ordinances. But it would prevent the city from enacting gun-related statutes in the future.

“At first glance it appears it definitely preempts most everything we could do as a city,” Sublet said.

Supporters of the bill say a patchwork of local regulations has infringed on gun ownership rights. But critics say local officials know their communities best.

Melissa Wangemann, legal counsel for the Kansas Association of Counties, said the bill shows a lack of trust in local elected officials and a mistaken assumption that they will enact onerous gun-control regulations.

“I have plenty of counties who are very pro-Second Amendment and can easily decide on their own to open the courthouse to concealed carry and allow employees to carry,” Wangemann said.

Wangemann's organization testified against portions of the bill, focusing their efforts on a provision that prevents local governments from asking public employees if they have a concealed-carry license and are carrying firearms at work.

Wangemann said the bill strips local government of all control over the workplace environment when it comes to weapons.

“We can’t enact any regulation," she said. "We can't say 'keep your safety on, keep the gun on your side, don’t lay it on your desk.' ”

Wangemann said that could create intimidating situations for citizens, such as if they walk into a tax appeal hearing and the tax appraiser has a gun on his or her desk.

Personnel decisions, she said, also could become more tense.

“We talked about if you’re firing an employee, the employer might like to know if the employee is packing heat at the time you’re firing them,” Wangemann said.

Wangemann said legislators added a clause in the bill stating that cities and counties can’t be sued for gun violence their employees perpetrate in the workplace.

“We didn’t ask for it, but I think after hearing the concerns that was added,” Wangemann said.

Wangemann said the bill also wipes out local regulations on knives.

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