Memorandum

City of Lawrence

City Attorney's Office

 

TO:

Dave Corliss, City Manager

 

 

CC:

Toni Wheeler, City Attorney 

 

 

FROM:

Maria Kaminska, Assistant City Attorney

 

 

DATE:

December 5, 2013

 

 

RE:

Concealed carry exemption

 

_____________________________________________________________

Please place on the City Commission’s December 10, 2013, regular agenda a recommendation to adopt Resolution No. 7052, which exempts certain City buildings from the provisions of 2013 Kan. Sess. Laws 551, Ch. 105, New Sec. 2 (“HB 2052”), a law concerning firearms, until January 1, 2018.

 

Background

The 2013 Kansas Legislature passed, and the Governor signed, HB 2052 concerning firearms. A copy of the bill and a summary prepared by the Kansas Legislative Research Department are attached. The legislation enacts new law and amends existing law regarding firearms, criminal law, and the Personal and Family Protection Act. 

 

The City is currently under a 6-month exemption from the law, which will expire January 1, 2014. However, Section 2 of the law provides the City an opportunity to seek an additional 4-year exemption from provisions of the bill affecting the concealed carry of handguns in city buildings until January 1, 2018. To obtain the exemption, the City must adopt a Resolution or draft a letter exempting the buildings, and mail it along with a Notice to the Kansas Attorney General and the Lawrence Police Department. A security plan providing “adequate security” for each exempted building must also be drafted, and must be kept in the City Clerk’s Office for inspection by either the Kansas Attorney General and Lawrence Police department, upon request. The security plans are not subject to the Kansas Open Records Act.

 

Staff has prepared for City Commission review a proposed Resolution and security plans for all buildings listed in the Resolution. The security plans will be not made public per the law. The plans are available for City Commissioner review, if requested, and will have no immediate budgetary impact on the City. Adoption of the Resolution is necessary for obtaining a four-year exemption, and, if adopted, it will be mailed to the Kansas Attorney General and Lawrence Police Department, along with Notice of the City’s exemption. Obtaining a four-year exemption under this Resolution would mean that concealed firearms would continue to be prohibited in exempted City buildings for at least the next four years.

 

Action Requested

Adopt Resolution No. 7052, which exempts certain City buildings from the provisions of 2013 Kan. Sess. Laws 551, Ch. 105, New Sec. 2, until January 1, 2018, and authorize the Mayor to notify the Kansas Attorney General and the Lawrence Police Department of the City’s exemption, if appropriate.