http://www.kansascity.com/mld/kansascity/6949536.htm

Posted on Tue, Oct. 07, 2003
Guns banned in public buildings
Holden, KC-area counties act before law takes effect

The Kansas City Star

JEFFERSON CITY — Missouri Gov. Bob Holden on Monday banned concealed weapons from state office buildings, something he said would “minimize the harm” a new law would cause.

Holden in July vetoed a bill allowing qualified Missourians to carry concealed weapons, but lawmakers overrode the veto last month. This means the law takes effect Saturday.

“Missourians who work for our state or come into our public buildings to conduct business should be able to do so without living in fear for their lives or bodily harm,” Holden said, announcing the ban during an appearance in St. Louis.

Local governments also took steps Monday to limit concealed weapons in public buildings. The Jackson County Legislature and Clay County Commission voted to ban concealed weapons in some county buildings.

Holden said his ban was needed to keep concealed weapons out of veterans homes, psychiatric facilities, child support enforcement and job services offices, revenue and drivers' license offices, the Supreme Court Building, the Missouri Governor's Mansion and most areas of the Capitol.

The ban would not prohibit law enforcement officers from carrying weapons as part of their official duties, nor would it affect the exception for state lawmakers with permits to carry concealed weapons in meetings.

Sen. Harold Caskey, a Butler Democrat who championed the concealed-carry bill in the Senate, questioned the legality of the governor's move.

“In my opinion, he doesn't have authority to do what he just did,” Caskey said.

Caskey and Rep. Larry Crawford, a Centertown Republican who sponsored the bill, said they would have to look at Holden's rule before deciding whether to make a legal challenge of it. The Office of Administration is expected to file the rule with the secretary of state's office within the next few days.

Crawford scoffed at Holden's move.

“It again shows the governor is out of touch with reality,” Crawford said. “He thinks that he is protecting state employees by barring law-abiding citizens from protecting themselves. The governor's making sure these places are targets for people who want to go and create mayhem.”

Though there are some specific government buildings — such as courthouses, police stations and jails — which concealed weapons are not permitted, the new law does not prohibit them in most government offices.

The law bans citizens from carrying hidden guns into public meetings, though it allows public officials with permits to carry concealed weapons into those meetings.

The law leaves it up to cities, counties and other local governing bodies to pass rules to prohibit citizens from carrying concealed weapons in their buildings.

At the state level, however, the law says the legislature may “prohibit or limit the carrying of concealed firearms by endorsement holders in that portion of a building owned, leased or controlled by that unit of government.” The governor is not mentioned in the section of law.

David Cosgrove, Holden's chief legal counsel, said existing laws give Holden the right to decree by his rulemaking authority that guns shall not be allowed in state buildings.

The law says the director of the Division of Facilities Management, whom Holden appoints, “shall be responsible for the management and operation of office buildings titled in the name of the governor” and shall ensure “that they are clean, safe and secure,” Cosgrove noted.

Cosgrove also cited language in existing law that allows state agencies to make rules if the agency “finds that an immediate danger to the public health, safety or welfare requires emergency action.”

Holden said cities and law enforcement officers across the state “are now finding out how many other reckless exceptions are contained in this poorly drafted bill” and considering ordinances to prohibit the carrying of concealed weapons.

Jackson County Executive Katheryn Shields said the ban approved by the Legislature on Monday “clearly puts everyone on notice that guns can't be carried into any county building.”

Violators can be asked to leave the building or face an escalating scale of punishments, beginning with a $100 fine for a first offense up to fines of $500 and revocation of their concealed-carry permits for subsequent offenses.

Under state law, however, the ban will not apply to outdoor areas, such as county parks and parking lots.

In Clay County, buildings covered by the ban include museums, the regional airport terminal building, any county office, maintenance facility and the Paradise Pointe Golf Complex clubhouse.

Signs will be posted in the windows and outside of county-owned and operated buildings, county Counselor Sherrill Roberts said.

Roberts said police and other law enforcement officers are exempt from the new ordinance. The ordinance also prohibits county employees or others using county-owned or leased vehicles from carrying concealed weapons.

Platte County commissioners are expected to approve a similar ordinance later this month, said Kevin Kuzma, county spokesman.

Kuzma said Platte County officials agreed to wait until after the new state law goes into effect.

Kansas City International Airport, which is subject to Kansas City laws, has no formal policy regarding the carrying of concealed weapons, said airport spokesman Joe McBride.

But the airport police department is considering its options and is strongly recommending that people not bring weapons into the airport, McBride said.

“If they do, they should leave it in their vehicle,” he said.

The Blue Springs school board on Monday held a special meeting to add words to its school safety and security policy.

The school district already had rules against students, faculty or staff carrying guns on school property but was advised to do more, Superintendent Paul Kinder said.

The paragraph added to the district's safety and security policy says: “The possession of any weapon on school premises, at school activities, in school vehicles, or in any school facility is prohibited except if carried by a commissioned law enforcement officer.”


The Star's Glenn E. Rice, Benita Y. Williams, Mike Rice and Mara Rose Williams contributed to this report.