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Thread: Johnson CO. OC has filed a civil Rights law suit against Prairie Village

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    Johnson CO. OC has filed a civil Rights law suit against Prairie Village










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    Regular Member Baked on Grease's Avatar
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    A summary would be nice for those of us on a phone....

    Sent from my SGH-M919 using Tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

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    Quote Originally Posted by Baked on Grease View Post
    A summary would be nice for those of us on a phone....

    Sent from my SGH-M919 using Tapatalk
    FYI: OP posted entire complaint via copy/paste .. subject matter: picnic permit denied due to carry issues

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    Quote Originally Posted by Baked on Grease View Post
    A summary would be nice for those of us on a phone....

    Sent from my SGH-M919 using Tapatalk
    Entire complaint, including press release and letter of denial for a permit, was included as an image, the gist of which is that the plaintiff was denied a permit to use the park for an Open Carry Picnic specifically due to a local law prohibiting openly carried firearms. The denial letter specifies concealed firearms would be allowed. The complaint cites the U.S. Constitution, Kansas Constitution, and Kansas Open Carry Law as allowing openly carried firearms on public land.
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    Official Response from Priarie Village city web site:

    From: <news@pvkansas.com>
    Date: October 28, 2013 at 4:25:55 PM CDT
    To: <grant_m_nelson@hotmail.com>
    Subject: City of Prairie Village: What are the Open Carry regulations in Prairie Village?

    What are the Open Carry regulations in Prairie Village?
    Posted Date: 10/28/2013

    The City has received a lawsuit challenging the sections of the City Code that prohibit the open carry of loaded firearms in public places. The lawsuit alleges that the City Code is in conflict with the Kansas Constitution and a Kansas Statute. The Mayor and City Council do not believe that the City Code violates the Kansas Constitution or the Kansas Statutes.

    The City prohibits the open carry of loaded firearms in public places such as parks, streets, sidewalks and city buildings. The City does not restrict open carry of legal firearms on private property such as a person's residence or fixed place of business. The restrictions specific to open carry do not apply to any person carrying a concealed weapon as authorized by Kansas Statutes.

    The members of the Governing Body of the City believe the community will support the City's defense of its power to regulate the open carry of loaded firearms on public property such as parks.

    A similar challenge was filed in December 2012. The suit was dismissed by a Johnson County judge after ruling the plaintiff did not have standing or harm.

    Visit the link below to read this on our website.
    http://www.pvkansas.com/index.aspx?page=31&recordid=783

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    http://pvpost.com

    Prairie Village residents ‘not comfortable’ with idea of openly carried guns at parks, says mayor
    Posted by PVPoster · October 29, 2013 8:00 am · 0
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    An open carry demonstration in Virginia.
    Prairie Village elected officials on Monday responded to news that a city resident supported by the Kansas Libertarian party had filed a new lawsuit against the city’s ban on openly carried weapons on city property by reiterating their belief that the restriction is appropriate and legal.

    Mayor Ron Shaffer said the City Council would discuss the new suit during its meeting Monday, but that “we fought this before, and I think we are very likely to renew that fight.”

    Shaffer said the concept of home rule — the idea that local municipalities should be able to write their own laws in accordance with the character of their communities — was at stake, and that residents largely opposed the idea of having people walking down city streets with guns hanging from their hips.

    “We’ve heard from our residents here, from our neighbors, that they don’t feel comfortable with the idea of open carry in parks,” he said. “We were expecting [the new suit]. It’s a disappointment. But here we are.”

    The city also distributed a message Monday clarifying the particulars of the open carry ban on its books. The regulation applies only to city property — city buildings, public streets and sidewalks, and public parks and recreation spaces.

    As Shaffer pointed out, “If you’re on your own property and want to open carry, that’s fine. If you go to your neighbor’s house and they’re okay with you open carrying, that’s fine. We’re just trying to control public properties.”

    Prairie Village councilor Michael Kelly, who challenged Shaffer for mayor in 2011, has been an outspoken critic of the attempts to change the city’s open carry ordinance. On Monday, he reiterated his disdain for challenges to the city’s authority to set its own rules.

    “Hiding behind the constitution is the last refuge of a scoundrel — plus it’s not very Libertarian,” Kelly said. “Sadly, [Libertarian party 2nd Amendment Chair] Earl McIntosh and the boys have co-opted a PV resident to do their dirty work locally. I hope PV residents will continue to support the city’s efforts to oppose the open carry of guns in PV.”

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    Regular Member OC for ME's Avatar
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    Demanding compliance with the state constitution is a affront to "home rule"? I wonder if those nitwits even hear what comes out of their mouth. Good luck.

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    Same mentality as in KCK

    There are ways they can invoke "home rule" that would be legal. If this were a statute that was applied unevenly throughout the state, like liquor laws, they have a referendum vote and then can opt out. Since the weapons laws in Kansas apply to all levels of government (county, city of various classes) equally, they can sue in state court to try and get out of it. Maybe the mayor's in both cities need a lesson in how Kansas works.

    Quote Originally Posted by OC for ME View Post
    Demanding compliance with the state constitution is a affront to "home rule"? I wonder if those nitwits even hear what comes out of their mouth. Good luck.

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    Come out and support our rights!!

    There will be a discussion about open carry in the city of Prairie Village this coming Monday (11-4-13) at 7:30pm at the Council Chambers located at 7700 Mission Rd Prairie Village Ks 66208. City ordinance bans the open carry of a firearm anywhere but on your own property or fixed place of business. Lets show support for the lifting of the ban by showing up wearing empty holsters. Who's going to be there???

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    An open letter to the citizens of Prairie Village

    Hello,

    As many of you know, I have filed a lawsuit against the city of Prairie Village. This lawsuit contends that the city's open carry ordinance is in direct conflict with Kansas law and the Second Amendment.

    Let me begin by saying that I understand that guns are a very sensitive issue. The media attention that has been given to guns and gun control has been pervasive. And it only makes sense. Between the New Town shootings, the Aurora, Colorado theater shootings, and other high-profile news stories, people are understandably on edge. But the news media is covering these issues form a position of fear. Fear and sensationalism sell. And fear is the easiest of emotions to exploit.

    Please allow me to offer another perspective.

    In these times of increased governmental intervention in our personal lives - at all levels - Americans are now hyper-aware of governments that overstep their authority. Whether its NSA spying on U.S. citizens, the IRS targeting certain groups, or local municipalities that surreptitiously pass ordinances that violate citizens' basic rights, we should all be alert to the attacks on our personal freedoms.

    The Johnson County Open Carry group is committed to insure that municipalities in Johnson County adhere to Kansas law and respect the Second Amendment rights of the citizens in our area. We are a group committed to educating the public on proper and responsible gun ownership. We are not "gun nuts" but we do believe that people have the inalienable right of self-defense - especially when law enforcement is unavailable to offer protection.
    People are always concerned that a city that allows open carry will turn that city into some sort of "Wild West" town. Nothing could be further from the truth. In fact, there has not been one single instance of gun violence perpetrated by a law-abiding citizen openly carrying a firearm - ever. Furthermore, open carry has actually proved to be a deterrent to crime. Ask the citizens of Overland Park or Lenexa. Both of those cities have recently overturned their open carry ban. They have given their citizens a victory in personal freedom.

    Unfortunately, it seems that the Prairie Village may be choosing a different path.

    I have the greatest amount of respect for Mayor Shaffer and the entire PV city council. I respect their decision to fight for their beliefs. I really do. However, I do believe that they may be choosing a path that is detrimental to the city. The state law is quite clear and there have been numerous decisions passed down by the state Attorney General that support our side. They (members of the council and the Prairie Village police force) have even acknowledged that they are in the wrong during closed-door meetings. Their fight, ultimately, is with the State of Kansas and the outcome will be decided in the courts should they choose their current path.

    I know that people will disagree with us and some will attack me personally. I know that I cannot change everyone's mind but it is my sincere hope that we can engage in logical, civil discourse. My only goal is to insure that our freedoms are protected, that those who wish to express their Second Amendment rights may do so unhampered by unnecessary and illegal ordinances. In my experience, those people who actively work to protect and express that right are law-abiding citizens who are concerned only with defending themselves, their families and their communities.

    Thank you for allowing me to share my perspective.

    Grant Nelson
    VP, Johnson County Open Carry

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    I have no respect for fascists who want to steal my guns or my gun rights.

    They clearly do no respect your rights.

    And you filed suit. A suit is a form of legal assault.

    You should amend your complaint and ask for $$$$ damages. Its the only thing that they understand.

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    you will need to search case number - 13CV07516

    http://www.jococourts.org

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    http://pvpost.com/2013/12/17/mission...l-budget-23760

    Mission Chateau, open carry fight strain Prairie Village legal budget

    The financial impact of a year’s worth of unexpected and protracted legal issues is making itself evident in the city of Prairie Village’s coffers.

    The Prairie Village City Council on Monday approved a transfer of $135,000 from the city’s general contingency fund to cover the amount in legal fees the city has spent in excess of 2013′s budgeted $115,000.

    Legal issues including the Mission Valley special use permit application, councilor David Morrison’s ethics violation and subsequent ouster, the city’s defense of its ban on openly carried weapons, and the franchise/utility agreement with Google Fiber pushed year-to-date legal expenses to $250,000.

    The Mission Valley/Mission Chateau issue was far and away the largest legal line item for the city, costing taxpayers $67,443. The open carry issue cost an additional $30,510.

    Legal work associated with David Morrison’s ethics violation totals $12,642.50.

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    Meet the Judge

    Meet the judge who is presiding over Prairie Village Open Carry case.

    One thing of note I believe he was either the city attorney or on the legal team for Prairie Village before becoming a judge!?

    http://courts.jocogov.org/judge_hauber.aspx

    Governor Sebelius appointed:

    http://kansasmeadowlark.com/2008/06/...ct-court-judge

    You decide if we have a chance?
    Last edited by marine0300; 12-20-2013 at 05:59 PM.

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    Quote Originally Posted by marine0300 View Post
    you will need to search case number - 13CV07516

    http://www.jococourts.org
    I get a session error when I search with this number. Is the case still in process? If the governor signs/doesn't veto, will the passage of HB2578 moot the case?

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    The case is still a go and is scheduled for July 2014. We don't know what Prairie Village will do? But I can tell you that the Johnson County Open Carry Group is prepared to take it to the Kansas Supreme Court!

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