In response to police shootings, bill calls for tighter policies on approaching people with guns

Glenda Overstreet Vaughn of the Topeka Chapter of the NAACP says law enforcement officers should have standard procedures when asking if an individual has a firearm during an enforcement action.

? The police shooting of an African-American man in Minnesota last year has prompted a call in the Kansas Legislature for stricter controls on how law enforcement officers deal with civilians who are legally carrying firearms.

A Senate committee heard testimony Tuesday on a bill that would require all law enforcement agencies to adopt detailed written policies and procedures that would govern how officers ask whether a person is carrying a weapon during a routine traffic stop or other enforcement action.

Glenda Overstreet Vaughn of the Topeka Chapter of the NAACP says law enforcement officers should have standard procedures when asking if an individual has a firearm during an enforcement action.

“Our primary concern is our children, people like my grandsons here,” said Glenda Overstreet Vaughn, president of the Kansas Conference of the NAACP. “I’m here representing them because at some point, statistics show, in some fashion, in some way in the future, they will be subjected to being stopped by law enforcement while driving their vehicles.”

The bill spells out much of what would have to be contained in police policies, including what questions officers should ask when dealing with individuals during an enforcement action.

Sen. Oletha Faust-Goudeau, D-Wichita, said she asked for the bill in response to the July 7, 2016, fatal shooting of 32-year-old Philando Castile, who was being pulled over while driving with his girlfriend and a 6-year-old girl in the car.

According to reports, Castile voluntarily told an officer during the traffic stop that he was legally carrying a firearm. He was shot while reportedly reaching for his license and registration. The shooting, the aftermath of which was live-streamed on Facebook, sparked national outrage.

Ed Klumpp, a retired Topeka police chief who now lobbies on behalf of the Kansas Association of Chiefs of Police and other law enforcement associations, said passage of the bill would not solve the problems that its supporters want to address such as racial disparities in police stops and limits on the use of deadly force.

“There are numerous ways to give our officers guidelines on how to conduct certain business. Policy is one of them, training is another,” Klumpp said. “We contend that the issues that are trying to be addressed in this bill lend themselves more to training than to policy.”

Klumpp said it would be nearly impossible to write detailed procedures for how officers should conduct themselves in every situation because all situations are unique. He also said having such a rigid policy would open the door to new kinds of challenges to a charge or arrest, and possibly more civil liability, if an officer deviates even slightly from the written policies.

The committee took no action on the bill Tuesday. Lawmakers have only about two and a half more weeks before the end of the regular session on Friday, April 7. Most legislation other than the budget, taxes and school finance is expected to be finished by that time, although the Federal and State Affairs Committee is exempt from that deadline.