Libertarians say they’ll file suit against Prairie Village for open-carry ban Friday

Open_Carry_Virginia
Photo via Flickr, by formatted_dad, from a rally in Virginia.

Looks like Prairie Village has a gun fight on its hands.

The city council, mayor, city administrator and city attorney on Wednesday received written notice from the Libertarian Party of Kansas that the group planned to file a lawsuit against the city on Friday challenging its ban on the open-carry of firearms.

Attorney Lucas L. Thompson of the Topeka firm of Ledbetter Thompson Law, LLC wrote the following to the city officials:

For the last year, the LPKS-and my office-have sent numerous letters requesting action by your governing body and many like yours. These letters have cordially and professionally requested governing bodies examine their firearm (weapons) ordinances and make sure they comply with the current open-carry statutes, case law, and attorney general opinions, which we also provided for your convenience.

As of the date of this letter, your ordinance remains in conflict with the laws of the State of Kansas and the mandates of both the State and Federal Constitutions. The LPKS will not allow its members’ clear, civil rights to continue to be violated.

Therefore, on Friday, December 14, 2012, my office will file a Petition for Injunctive Relief against your governing body in District Court, pursuant to 42 U.S.C.A. $1983, and applicable State law.

The Prairie Village council in October voted on a Uniform Public Offense Code that continued to ban the open carry of loaded firearms in the city. That move prompted a threat of legal action from the Libertarians. Earlier in the year, Overland Park passed a resolution allowing the open-carry of weapons after the police chief there raised concerns about complying with an opinion written by Kansas Attorney General Derek Schmidt.

See a copy of the letter sent to Prairie Village officials here.