County exempts itself from concealed carry law

Carrying weapons into the Douglas County courthouse, or any other county building, will continue to be prohibited after Jan. 1.

County commissioners on Wednesday voted unanimously to approve a resolution exempting county buildings from a new state law that would otherwise allow people with valid permits to carry concealed weapons into most municipal buildings.

Commissioners also adopted a second resolution specifically prohibiting anyone from carrying concealed weapons into those buildings, regardless of whether they have a valid permit.

“From the outset, this has been a matter of local control,” Commissioner Jim Flory said. “We were elected by the people of Douglas County to govern the property of Douglas County. Obviously, the state legislation recognizes the local government’s authority in allowing exemptions.”

Earlier this year, Kansas lawmakers passed a bill expanding the state’s concealed carry law by requiring most municipal governments to allow concealed carry in their public buildings unless they have “adequate security measures” to ensure that nobody can carry a weapon inside.

The law took effect July 1, but it allowed local governments to exempt themselves for six months, until Dec. 31, to develop security plans. And it allows them to take another four-year exemption to give them time to implement those plans.

Both Douglas County and the city of Lawrence have opted to take advantage of both of those exemptions.

The county’s resolutions state that it has a plan for adequate security measures, and that plan may be examined by the Kansas Attorney General’s office or local law enforcement agencies. But it is not open to the public because the new law specifically exempts those plans from the Kansas Open Records Act.

County administrator Craig Weinaug said that while the attorney general’s office may review the plan if it chooses to do so, it is his understanding that the attorney general does not have authority under the new law to accept or reject the county’s plan, or to revoke the exemption.

The action Wednesday came after another closed-door meeting – the third such meeting in recent weeks – to discuss that plan with officials from the Sheriff’s Department, county counselor’s office and other county departments.

Patrick Wilbur, a Lawrence resident who said he represented the Douglas County Libertarian Party, spoke against adopting the resolutions. He said doing so would not make county employees or members of the public more safe, but could expose the county to additional costs and future legal liability.

But Commission Chairman Mike Gaughan said he supported the measures.

“It’s our responsibility to set policy of the county and to make decisions about public employees who work here,” he said. “The policy I’m comfortable supporting is one that continues to prohibit concealed carry in our buildings.”

Also Wednesday, commissioners asked to have a resolution drafted for consideration next month seeking to have the courthouse listed on the city of Lawrence’s Register of Historic Places.

Such a move would give the Lawrence Historic Resources Commission authority to review development plans for any property within a 250-foot radius of the building.

The courthouse is already listed on both the state and national registers of historic buildings. But Kansas lawmakers this year narrowed the state’s preservation law by eliminating protection within the so-called “environs” zone, so the state law now only requires review of demolition or construction plans for the listed buildings themselves.

In other business, the county commission:

• Directed staff to finalize contracts with US Bank for banking and procurement services, and FIS for merchant services.

• Deferred action on a proposed resolution to amend the inspection fees for solar, thermal and photovoltaic systems.

• Approved a holiday schedule for 2014.

• And approved cereal malt beverage permits for Clinton Marina and Clinton Submarina, 1329 E. 800 Rd.