Last spring, Kansas state Sen. Kay O'Connor
seized an opportunity to shield shooting ranges, particularly
one in her western Johnson County district, from pesky noise
ordinances and complaining neighbors.
With some Senate leaders away from the
chamber, she tacked an amendment onto an important Wildlife
and Parks bill. It sailed through and eventually won the
governor's signature.
Thanks to lawmakers like O'Connor, the gun
lobby has successfully pushed its agenda in statehouses from
coast to coast.
Along with measures to protect shooting
ranges, the National Rifle Association is pursuing legislation
across the country, including in Kansas and Missouri, to
shield gun manufacturers from lawsuits by municipalities that
want to recoup damages from gun dealers and manufacturers.
The two issues are top priorities of
statehouse gun lobbyists, said Randy Kozuch, the NRA's
director of state and local affairs.
Kansas' shooting-range bill is one of 36
signed into law since the National Rifle Association began
pushing the issue in 1994. At that time, eight states,
including Missouri, already had laws protecting shooting
ranges.
Now the NRA is working on passing similar
laws in the remaining six states.
The lobby has persuaded 27 states to pass
laws protecting gun manufacturers from product liability and
similar lawsuits since municipalities began suing the industry
in 1998. Maryland already had such a law.
Liability shield bills have been
unsuccessful in Kansas and Missouri.
"We're trying to get as many states as
possible," Kozuch said.
Critics call the measures "gun gag
laws" and say the gun lobby is working to carve out
protections afforded only to the gun industry.
The laws are "taking away the
fundamental right of every citizen to have access to the court
system to settle differences," said Tom Diaz, senior
policy analyst for the Violence Policy Center, a gun-control
group.
"If they want to spend a tremendous
amount of energy to lock courthouse doors, fine," Diaz
said. "There's always going to be a courthouse open to
Americans."
Gun-control advocates and gun-rights
supporters agree the stakes for the firearms industry are
high.
For example, target shooting makes up 25
percent of industry revenue from nonmilitary sales, said Bob
Delfay, president of the National Shooting Sports Foundation,
an industry trade association.
"It's a significant part of the
business," Delfay said.
Manufacturers do not have the deep pockets
of the tobacco industry to fend off lawsuits aimed at
crippling the industry, gun-rights advocates say. One
California company has had to declare bankruptcy in part
because of the cost to defend itself from a product liability
lawsuit, according to gun-rights supporters.
"These are ludicrous lawsuits designed
to bankrupt a legitimate American enterprise," said
Andrew Arulanandam, an NRA spokesman. "The premise of the
lawsuits is to hold lawful American companies liable for the
actions of criminals."
Nancy Hwa, spokeswoman for the Brady
Campaign to Prevent Gun Violence, said the legislation would
create a special protection for the industry from not only
cities but individuals -- while the industry already is
exempted from consumer product safety oversight.
In Kansas and Missouri, the gun lobby's
success has been mixed.
In 1988, Missouri passed a law that makes
owners of shooting ranges immune from nuisance ordinances if
the range is at least 1,000 yards from the nearest dwelling,
if it is enclosed and muffles the noise, or if it is in
compliance with local zoning laws on noise control.
Last year, Missouri Senate President Pro Tem
Peter Kinder sponsored a bill that would have prohibited
cities from suing gun manufacturers. The bill was in response
to the city of St. Louis' lawsuit against gun makers, which
charges that the firearms industry historically opposed laws
on safety devices, warnings and tighter regulation of gun
purchases.
The bill passed the Senate but died in the
House. Legislation has not been filed so far this year, but
some lawmakers still support the proposal.
The product liability legislation has not
passed in Kansas, either. A hearing was conducted Wednesday on
an O'Connor-sponsored measure to prohibit cities and counties
from suing gun dealers or manufacturers, except for a breach
of contract or warranty.
The Senate Judiciary Committee is expected
on Monday to take action on the measure.
The shooting-range legislation passed last
year in Kansas was typical of the NRA's national effort to win
proposals protecting the ranges.
The organization first approached Kansas
legislators in 1998, said Jeff Freeman, a former lawmaker who
lobbied for the NRA at the statehouse from 1992 through 1999.
The shooting-range bill had passed in the
House in 1998, 2000 and 2001, but not in the Senate.
In 2001, O'Connor, a freshman senator from
Olathe, took over the effort to get the bill passed.
O'Connor sprang her amendment on May 1
during the chaotic closing days of the legislative session.
She told no one about the amendment, she
said, because opposition lawmakers would have found a
procedural way to kill it. At that time, the bill was stalled
in the Senate Judiciary Committee headed by Sen. John Vratil,
a Leawood Republican who opposed the measure.
There were several bills to be acted on that
day by the Senate, including one correcting a mistake in a
previous bill dealing with the Department of Wildlife and
Parks. They were considered uncontroversial
"cleanup" bills.
When they were brought up, some senators
were attending a party for a retiring doorman. Kimberly Gulley,
a lobbyist for the League of Kansas Municipalities, said many
of those absent senators opposed O'Connor's legislation.
In their absence, O'Connor's amendment
passed easily on an unrecorded voice vote. Later that day, the
entire bill was approved 30-9.
Three days later, House members formally
agreed to the amendment and the bill was sent to Gov. Bill
Graves, who reluctantly signed it. He suggested that cities
and gun-range owners work out their differences and propose
changes in the 2002 session, which began this month.
Vratil said he was unaware Tuesday of any
efforts or requests in the current session for any change.
That may be due to the power of the gun lobby in Topeka.
"They have influence with a large
segment of the Legislature," he said.
O'Connor said she has long been a supporter
of Second Amendment issues and gun rights. For her, it is a
self-defense issue.
O'Connor supported NRA legislation in 1997
allowing citizens to carry concealed weapons. It passed both
chambers of the Legislature but was vetoed by Graves.
The senator has received $2,500 in
contributions from the NRA: She received $2,000 for her Senate
campaign and $500 for a House race in 1994.
O'Connor said she receives NRA support
because she believes in their issues.
"They didn't buy my support," she
said. "There was no quid pro quo."
She said that she couldn't remember who
suggested the gun-range bill to her and that she didn't know
it was part of a national NRA strategy at the time. To her, it
was just a good idea.
Lenexa officials, however, disagreed. They
were concerned about the measure because 84-acre Powder Creek
Shooting Park is on Monticello Road in Lenexa, where suburbs
are growing out to meet the 52-year-old shooting range.
The law makes it nearly impossible for local
governments to enforce noise ordinances and allows shooting
ranges to expand without government consent, said David
Cooper, a Lenexa senior assistant city attorney.
Lenexa Mayor Joan Bowman said O'Connor was
pursuing the NRA's narrow interests at the expense of the
people in her district.
"She's elected to represent her
constituents, not a national organization that contributes to
her campaign," Bowman said.
The Star's Kameron Murphy also contributed
to this report.