Memorandum
City of Lawrence
Legal Services
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TO: |
Toni Wheeler, Interim Director of Legal Services
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FROM: |
Scott J. Miller, Staff Attorney
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Date: |
November 9, 2006
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RE: |
Ordinance 8048 – City Manager Authority to Prohibit Concealed Carry of Firearms in City Buildings |
Introduction
Earlier this year, the Kansas Personal and Family Protection Act became law in the State of Kansas. As a result, on January 1, 2007 licensed individuals will be able to lawfully carry concealed handguns in most places within the State.
It is not legal under the Act, however, for a licensee to carry a concealed handgun into certain types of buildings. Police stations, courtrooms, meetings of the governing body and city halls, for instance, are all locations that the right to concealed carry granted to licensees by the act does not extend to. With regard to other properties owned or leased by the City of Lawrence, the City has discretionary ability to prohibit the concealed carry of firearms in those locations. The relevant portion of the Act, most recently amended in Section 8 of 2006 House Bill 2118, states:
Nothing in this act shall be construed to prevent:
(1) Any public or private employer from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on the premises of the employer’s business or while engaged in the duties of the person’s employment by the employer; or
(2) Any entity owning or operating business premises open to the public from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such premises, provided that the premises are posted, in accordance with rules and regulations adopted by the attorney general pursuant to this section, as premises where carrying a concealed weapon is prohibited; or
(3) A property owner from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such property, provided that the premises are posted, in accordance with rules and regulations adopted by the attorney general pursuant to this section, as premises where carrying a concealed weapon is prohibited.
These provisions clearly establish the ability of the City of Lawrence to limit the concealed carry of handguns authorized by the Act either as a property owner or, in appropriate cases, as the owner or occupant of business premises that are open to the public. This power is not limited to real property by the language of the statute, so it should also extend to the vehicles used by the City’s transit system. The Attorney General’s office recently finalized its regulations regarding the form that signs prohibiting concealed carry must take. An example of such a sign, which must be at least 8 inches by 8 inches in size, is included at the end of the memorandum as Appendix A.
Concealed Carry and City Facilities
In anticipation of the onset of concealed carry under the act, I was asked to contact the department heads of our various departments in an attempt to determine whether they think it is appropriate to ban the concealed carrying of handguns in the various City facilities or properties under their respective control. Their responses made it clear that they were in favor of prohibiting concealed carry in virtually every City building. In addition, it was suggested that concealed weapons be banned on the City’s transit vehicles and from some of our outdoor recreation facilities where organized youth and adult sports competitions are conducted.
As a result of these conversations and at the request of the City Manager, Ordinance 8-4048 was drafted. It has two purposes, both pertaining to the control of property owned or in some cases leased by the City of Lawrence. First, it grants the City Manager discretion to order property either owned by the City of Lawrence or used as business premises open to the public by the City of Lawrence posted as property where the carrying of concealed weapons is prohibited. Any property so designated will be kept on a list that is open to inspection by the public during regular business hours. Each property will also be conspicuously marked by signs that meet the requirements of the Attorney General’s regulations.
At this point, if the City Manager were to acquiesce to the requests of the various department managers, then all buildings owned or used as business premises open to the public would be included on the list. Additionally, each transit vehicle and the outdoor grounds of certain Utilities and Parks and Recreation facilities would be included. No request has been made, however, to post the majority of the City’s outdoor facilities.
By approaching this challenge in this manner, a new ordinance does not need to be drafted every time the City either acquires different property or sees fit to reclassify existing property. This will provide a greater degree of flexibility and will provide cost savings over a continuously updated list contained within the City Code because of the costs associated with republishing such a list every time a change is made.
Trespass Warnings
On a related note, because it was necessary to draft an ordinance related to the City Manager’s discretion to control City property, I proactively included an additional provision that spells out the City Manager’s authority to issue or cause to be issued trespass warnings for those people who are using City property or facilities in a criminal, disruptive, or otherwise inappropriate manner. I think that such a power is inherent in the position of City Manager, but by including it in the City Code it eliminates one potential point of contention in a criminal or civil trespassing case. Criminal trespassing is an essential tool to allow the enforcement of rules governing behavior in City facilities.
Conclusion
Please let me know if any additional attention is required on this subject. I will be closely monitoring the Attorney General’s Office for the release of the applicable regulations and will work with department directors to make sure all specified locations are adequately posted.
Appendix A
