Stray bullets hit Johnson County homes, narrowly miss kids. Are officials powerless?
For more than three hours, Matt Keys heard constant gunfire in his southern Johnson County subdivision. Then, he heard glass shatter in his house.
Keys, who lives in the unincorporated town of Stilwell, discovered that four bullets had struck his home on May 31. One of the bullets entered the room where his 3-year-old and 5-year-old play. It wasn’t until the next morning that the family found the bullet and realized it shattered a picture frame, then landed near the children’s art supplies.
The stray bullets came from AK-47 and AR-15 rifles.
A few months earlier, Jamie Lingner was driving on U.S. 169 highway in Spring Hill, taking her daughter and a friend home from soccer, when they heard a loud noise. In that moment, Lingner’s 11-year-old was leaning toward her friend in the backseat. A bullet entered the car through the passenger side door and landed just behind her daughter, barely missing her.
Residents say these are only two examples of a growing problem in the more rural and unincorporated areas of Johnson County — where housing and population are booming, but some neighbors continue to shoot guns on their property as if no one was around.
County officials recognize the issue, but say their hands are mostly tied because of Kansas state laws.
“How would you feel if that happened to your family? What would you change?” Keys said at Thursday’s Johnson County Board of Commissioners meeting. “What I’m asking for is accountability. Accountability for unsafe gun use, so victims like me and my family aren’t left by the wayside with no answers, protection or justice.”
A growing number of residents have joined together to demand the county stop the gun use that they say is putting their families’ lives in danger. They added that they aren’t anti-gun, but are pro-gun safety. Some said they feel frustrated that incidents have not led to criminal charges.
Sheriff Calvin Hayden said the county is limited because there is little state law regulating the use of firearms on private property in areas outside city limits. Officials agreed it would take state action.
But on Thursday, the commissioners took some early steps to address the issue. Commissioner Steve Klika proposed the following actions, which were unanimously approved:
▪ Instruct the planning department to develop guidance for safety regulations at private gun ranges. The county only regulates public ranges.
▪ Request that the Johnson County Sheriff’s Office and the district attorney place “high priority” on the investigation and prosecution of gun safety violations.
▪ Support the sheriff as he pursues state legislation changes to promote the safe use of guns in unincorporated areas.
▪ Notify all residents in those areas of the actions taken by the commission and increase awareness of the issue.
The board also passed a resolution “urging and promoting the safe and responsible use and discharge of firearms” in unincorporated Johnson County. But many residents said that words aren’t enough.
Hayden said stray bullets are damaging more property in recent years. Three such incidents have been reported so far this year, which is “unheard of,” he said. At Thursday’s meeting, several Stilwell residents said they regularly hear gunfire, and often worry about bullets striking their children as they play outside.
“Where I live, we hear gunfire all the time. It’s to the east of us, to the west of us. And it’s not uncommon when you step outside on an afternoon, enjoying your day when you all of a sudden hear ‘boom.’ And you wonder where in the world did that come from?” resident Pat McRoberts said. “Your heart starts beating. And you start wondering, I wonder where they’re shooting. I hope it’s not at me.”
Klika added that he’s received several calls related to incidents that weren’t reported to the sheriff.
“I am far from being anti-gun. I’m actually a member of the NRA. However, when guns are not being used properly and safely, when it potentially causes bodily harm or property damage, that’s a time we have to come together and figure out what to do,” Klika said. “I’m not asking that anyone have their guns taken away from them or not be able to shoot them. I would just like to see some ramifications.”
Klika represents southeastern Johnson County, including Stilwell and Spring Hill. Months away from his retirement from the county board, Klika said he fears the possibility that “this problem has been at our doorstep and we did nothing, and then a few months later have an incident we’re all going to regret.”
He worries that as the county continues to expand to rural areas, the problem will only persist.
“The population is just getting larger and larger,” he said. “And it does bring that suburban, rural battle to head here.”
But county officials also said they are stymied by state law. Kansas law pertains to the unlawful discharge of a firearm within city limits, but does not specify the same for counties or unincorporated areas.
Keys is pushing for the adoption of a state statute, “like all incorporated cities in Johnson County, that mandate actions so police can be empowered and reasonable gun ownership can be promoted.”
Kansas law also includes a statute related to the criminal discharge of a firearm. However, Hayden argued that in cases where residents are shooting firearms on their own property, it can be difficult to prove ownership and reckless intent.
In the case where four bullets struck the Keys home, for example, a group of college students allegedly were shooting guns from an adjacent property, firing into a brush pile and not using a backstop.
“When there’s a bunch of people shooting a firearm, even if you pull DNA off the firearms, you don’t know who was shooting,” Hayden said. He said his office must match the bullets to the firearm — which can be difficult to obtain because it requires a warrant — and then determine who pulled the trigger with the specific bullet.
The Keys family has expressed frustration at how long it has taken the sheriff’s office to investigate the case and examine ballistic evidence. And that charges have still not been brought against any suspect.
“If you hit somebody’s house four times, that’s reckless,” Hayden said. “And we’re making a case, that’s all I’ll say.”
The neighbors are pushing the county to advocate for state legislation that would promote the safe use of firearms in unincorporated areas. Hayden said that might be accomplished through a law that regulates the discharge of firearms in counties that have a higher population density, like in Johnson County.
The sheriff and county commissioners said they support bringing proposed legislative changes to state lawmakers.
Keys is also pushing for a mandate to prohibit the shooting of firearms within two miles of a school — his house is about 1.5 miles from a public school. In addition, he’s requesting that residents receive a permit to be allowed to discharge a firearm within half-a-mile of adjacent dwellings.
This story was originally published September 3, 2020 at 5:35 PM.
