Firearm Discharge (1)



A Resolution Establishing The Procedure

For The Adoption Of Limitations On The Discharge Of Firearms

Within The Boundaries Of Clarhan Farms Subdivision


Sponsored By Commissioner Buhler


WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas, finds that the public health, safety, and general welfare of the public are of paramount concern; and


WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas, finds that the exercise of the police power is appropriate when the above concerns are implicated; and


WHEREAS, public safety concerns have been raised regarding the discharge of firearms within Clarhan Farms Subdivision; and


WHEREAS, a procedure for allowing residents of Clarhan Farms Subdivision to petition the Board of County Commissioners of the County of Shawnee, Kansas, to place legal restrictions upon the discharge of firearms within the subdivisions is a proper utilization of the police power.


NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Shawnee, Kansas, sitting in regular session on this ______ day of _____________, 2007, and intending to exercise its powers of home rule legislation pursuant to K.S.A. 19-101a, does hereby resolve as follows:


  1. For the purposes of this resolution, the term “Clarhan Farms Subdivision” shall mean the real property located in Shawnee County, Kansas and legally described as:


The Southwest quarter of Section 14, Township 12 South, Range 14 East of the 6th P.M.


  1. Upon receipt of a petition certified by the Shawnee County Clerk as having been signed by at least sixty percent (60%) of the real property owners in Clarhan Farms Subdivision, the Board of Shawnee County Commissioners shall conduct a public hearing to determine if firearms restrictions should be enforced within the boundaries of said platted subdivisions.  Each signature on the petition shall be verified by the petitioner(s).


  1. A filing fee of One Hundred and No/100 Dollars ($100.00) must accompany the filing of each petition with the Shawnee County Clerk.


  1. Any public hearing shall be preceded by notice published once in the official County newspaper at least ten (10) days prior to the hearing.


  1. Any petition requesting the imposition of firearms restrictions must be related to the police power of the County and must not impair or violate constitutional rights or property rights.  Upon filing, any petition shall be sent to the Shawnee County Counselor to review for form and legality.  If the Shawnee County Counselor finds that the petition is unlawful, the petition shall not proceed to hearing before the Board of Shawnee County Commissioners.  The Shawnee County Counselor shall place into writing the reasons for the denial and submit the writing to the petitioner(s) and the Shawnee County Commission.


  1. Any such petition may request the Board of Shawnee County Commissioners to enact a resolution banning the discharge of any firearm within Clarhan Farms Subdivision except for purposes of self-defense.


  1. The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.  See 18 U.S.C.A. § 921 et seq.


  1. The Board of County Commissioners of the County of Shawnee, Kansas, shall have the sole discretion whether to approve the restriction(s) requested in a properly filed petition.


  1. Upon annexation by any City, any firearms restrictions shall become void, and the subdivision shall be subject to all laws and jurisdiction of the annexing City.


  1. Should any court declare any section, clause, or provision of this resolution to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other section, clause or provision of this resolution.


  1. This resolution shall become effective upon publication in the official County newspaper.




                                                       SHAWNEE COUNTY, KANSAS


                                                Theodore D. Ensley, Chair



                                                Michele A. Buhler, Vice-Chair



                                                Vic Miller, Member







Cynthia A. Beck, Shawnee County Clerk