‘This city is too dangerous’: Lucas’ gun ordinances sail through KC committee vote
A pair of ordinances crafted to keep minors from getting handguns is on track for Kansas City Council approval after passing a committee unanimously Wednesday.
Mayor Quinton Lucas introduced the two ordinances earlier this month on the heels of a weekend that saw mass shootings in Texas and Ohio and multiple slayings of individuals in Kansas City. The meeting of the Finance, Governance and Public Safety Committee Wednesday morning represented the first public discussion among council members of the two proposals.
The full City Council is expected to take up the ordinances Thursday.
Lucas, who took office August 1, said the measures represented a tool to reduce gun violence in Kansas City, where the homicide rate is among the highest in the nation.
“This city is too dangerous right now,” Lucas said, “and this is, I think, one step that lets us address these dangers, but we’re going to have more.”
The ultimate goal, he said, is to keep minors from picking up a handgun.
“Frankly, if you pick up a gun at 15, not only are you more likely to actually die yourself or be injured by it, you’re more likely to be wrapped up in the system later on,” Lucas said. “We’re trying to avoid that today.”
Both ordinances were drafted by Lucas’ office, including his general counsel Jane Pansing Brown, in conjunction with local law enforcement officials and advocacy groups. The idea, Lucas said earlier this month, was to find a way to get guns off the street without running afoul of Missouri statute, which preempts local governments from enacting many more restrictive gun laws.
One of the ordinances passed Wednesday makes it a local crime for a minor to possess a handgun. The other mirrors a state law prohibiting the reckless transfer of a firearm to a minor.
Money for diversion programs
Federal law already prohibits minors from carrying handguns, but the ordinance, proponents say, gives police more tools to enforce the idea.
“Currently, there is no law in the state of Missouri that makes it illegal for a minor to have a handgun or a weapon,” Brown said. “It is illegal under federal law. However, it’s generally not something that the Department of Justice in Washington, D.C., asks the U.S. Attorney offices throughout the country to prosecute.”
The committee substitute council members passed Wednesday says minors in violation of the ordinance will be subject to fines of up to $200 and entry into a diversion program or, if they don’t qualify, a maximum of 30 days in jail.
The legislation also directed City Manager Troy Schulte to identify $100,000 to support diversion programs for families affected by the ordinance. Lucas said the goal is not only to get guns off the street, but to offer counseling and opportunities to minors and their families.
“Think about it this way,” Lucas said. “Right now if there is an 18-year-old who’s drinking beer on a weekend, we can both get the beer out of their hands and then actually make them go through some level of counseling service. That happens every day in Kansas City...we are not currently able to do that with someone who’s carrying around a gun.”
Kansas City Police Captain Scott Simons recalled two instances where KCPD officers intercepted minors carrying handguns. In one case, he said, police were able to take the guns away because the two minors were on school property.
In another incident in February, he said officers responding to shots fired discovered two minors armed with handguns. The minors told officers the guns weren’t theirs, so officers recovered them for “safe keeping” and the minors were released, Simons said.
Four hours later, another set of officers dispatched because of shots fired and found the same minors again armed. The officers again recovered the weapons, but because the minors again didn’t claim ownership, he said the rightful owner could make a claim to police for the guns.
The other ordinance makes it illegal on the local level for an adult to “recklessly” sell, lease, loan, give away or deliver a firearm to a minor “without the consent of the minor’s custodial parent or guardian.”
That is illegal, according to the ordinance, under Missouri law, but like the other measure, it gives police ability to do something about it.
Closed session before vote
Kevin Jamison, president of the Western Missouri Shooters Alliances, said previously that the ordinances might help keep some guns off the street, but he doubted they would make a significant difference. He supported the idea, however, of seeing minors in possession of handguns go through municipal court and diversion rather than state juvenile court. He said his group would be willing to work with Lucas on gun ordinances so long as they don’t infringe on the rights of responsible gun owners.
Erikka French, who lives in the historic Northeast, opposed the ordinances because they offer exemptions that allow minors to possess handguns with parental consent.
“There’s not a day that goes by that I (don’t) worry if my son’s going to come safe,” French said. “He’s not in gangs. He’s a good kid, straight-A student, no problems. But you just don’t know these days when you walk outside.”
She said the city should offer more community activities, jobs and other opportunities to keep minors busy.
City officials responded to French’s concerns, noting that state and federal law allow minors to possess guns with parental consent and straying from that rule would put the ordinances at risk of being struck down. French said she understood the city’s hands were tied.
The committee went briefly into closed session to discuss the ordinances, citing an exemption to the Missouri Sunshine Law that allows public officials to close meetings to discuss legal issues, litigation or have privileged conversations with attorneys.
Mayor Pro Tem Kevin McManus offered the motion for closed session at the request of Councilwoman Heather Hall who chaired the committee in Councilwoman Katheryn Shields’ absence. He said members asked privately about the possibility of lawsuits or preemption of the ordinance by the state. that state statute could preempt the ordinance or any risk of litigation. He said he doesn’t believe that risk is significant
Lucas was not present when members voted to go into session and expressed concern about it on Twitter. But McManus said he arrived and was present for most of the meeting. He emerged from closed session with the rest of the committee.
This story was originally published August 28, 2019 at 3:03 PM.
