Libertarian Party files suit against Prairie Village, Leawood over open-carry bans

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The Kansas Libertarian Party on Friday — the same day the president observed a moment of silence marking a week after the Newtown, Conn., massacre and the NRA took blistering criticism for calls to bring armed guards to every school in the country — filed lawsuits against Leawood, Wyandotte County and Prairie Village over their bans on openly carrying firearms. The group’s press release follows:

OPEN CARRY LAWSUITS PETITIONS FILED AGAINST UNIFIED GOVERNMENT OF KCK, LEAWOOD, and PRAIRIE VILLAGE

In February, 2012, the Libertarian Party of Kansas began publically challenging the unconstitutional bans of the open-carry of firearms in Overland Park, KCK, and other municipalities in Kansas. Some
communities, like Overland Park, Gardner, and Wichita have already acted by amending their ordinances to comply with state and federal law. Some communities, like KCK, Leawood, and Prairie Village have indicated they have no intention of complying with the law unless they are forced to do so by the Courts.

Therefore, the LPKS has taken the step of requesting the Johnson and Wyandotte County Courts to
review the ordinances, find them illegal and violative of fundamental constitutional rights, and force these communities to comply with state and federal law.

The LPKS has prepared a Petition against Lenexa, KS, as well, but has decided to hold off legal action because Lenexa has recently notified the LPKS that they would like to discuss a path toward compromise.

We believe our Petitions lay out our positions very well and we believe we have a compelling case, which will be successful in preventing governing bodies from illegally restricting fundamental liberties.

With the passage of the constitutional amendment to the Kansas Bill of Rights in 2010, every person who is a resident of Kansas has an unquestionable right to bear arms. The Kansas constitution states – ‘A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose’. In addition to the amendment, Kansas open carry law 12-16, 124 is clear that counties and cities may regulate open carry but not institute a complete ban.

This denial of inherent truth will not stand! Our efforts will continue until all law abiding citizens in Kansas have freedom from persecution to exercise their 2nd Amendment rights to bear arms by open carry.

The Libertarian Party openly and activity fights daily for individual rights/liberties of the citizens of
Kansas. The legal right to personal security of life and property at all times are paramount.

You can download the petition filed in district court against Prairie Village here.