Stray bullets fly in rural Johnson County. Now reckless shooters face $1,000 fines
In an effort to protect rural residents plagued by stray bullets, the Johnson County Commission decided Thursday to levy fines of up to $1,000 against reckless shooters.
Many families in unincorporated areas of the county have reported bullets hitting their vehicles and homes and, in one case, even landing in a children’s play room. Last year, several residents joined together to demand the county stop the gun use that they say is putting their families in danger.
Johnson County officials took up the issue, but Sheriff Calvin Hayden warned that county action was restricted because there is little state law regulating the use of firearms on private property in areas outside city limits.
So the Johnson County Board of Commissioners last fall passed a resolution “urging and promoting the safe and responsible use and discharge of firearms” in unincorporated areas.
But education on gun safety has only gone so far, Hayden said Thursday.
He said that since August 2019, there have been 22 reports of stray bullets hitting homes, trees or other property at 19 addresses. Law enforcement officials and the Johnson County Commission have decided it is time to do more.
On Thursday, the board unanimously approved a measure that makes firing bullets over or onto property without permission from the owner a code violation that could result in a fine of up to $1,000.
“We can’t have people being fearful for their children in Johnson County,” Hayden told commissioners. “I’m charged by statute to ensure the safety and peace of Johnson County. We can’t have this.”
Residents say the reckless shooting of firearms is a growing problem in the more rural and unincorporated areas of Johnson County, where housing and population are booming.
Last year, Stilwell father Matt Keys shared his story, sparking outrage. Last May, Keys listened to gunfire for three hours, and then heard glass shatter. His family discovered that four bullets had struck their home. One entered the room where his 3-year-old and 5-year-old play. The stray bullets came from nearby college students shooting off AK-47 and AR-15 rifles.
“My family’s safety was jeopardized that day. The once background noise of gunfire in the country now ignites a fear of whether they are shooting safely and whether they will hit one of my kids,” Keys told the board Thursday. “Those shooters that day destroyed my family’s sense of security.”
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.
The incidents ignited a movement in Johnson County last year. But county officials said they were mostly 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. State law also includes a statute related to the criminal discharge of a firearm, but in cases where residents are shooting firearms on their own property, it can be difficult to prove ownership and reckless intent.
Hayden hopes that now having the ability to cite people with a civil infraction for the careless and dangerous use of guns will make a difference. The new resolution makes it illegal to fire a bullet that flies or lands outside of the shooter’s property without permission.
It is not a code violation if someone fires a bullet across a property line in self defense.
While this allows for civil penalties, District Attorney Steve Howe said he could build a case to file criminal charges if someone continues to violate the provision despite warnings.
Meanwhile, residents like Keys continue to push for state action. On Thursday, Kansas Rep. Jo Ella Hoye, a Lenexa Democrat, told commissioners she is pushing for a bill to create new crimes and penalties for criminal discharge of a firearm. Penalties would be more severe if someone is injured or killed due to a bullet leaving someone’s property, she said.
This story was originally published August 26, 2021 at 1:17 PM.
