Kansas Libertarian Party files suit to drop open-carry bans

PRAIRIE VILLAGE, Kan. - The Kansas Libertarian Party filed suit Friday against the cities of Leawood, Prairie Village and Kansas City, Kan., in an effort to get those municipalities to drop their bans against the right to openly carry a gun.

The party has spent months writing emails, making phone calls and attending city council meetings, but spokesperson Earl McIntosh said no progress has been made.

"We've been left with absolutely no choice but to file a lawsuit," McIntosh said.

Prairie Village Councilman Michael Kelly said open carry doesn't belong in Prairie Village because it doesn't fit with the area's appearance and reputation. 

"The charm and character of Prairie Village is readily identifiable to anyone who's ever been here," Kelly said. "For me personally, I don't believe that people walking around with firearms strapped to their hip is part of the charm and character of Prairie Village."

But McIntosh said open carry is a state law and cannot be restricted.

"We just want cities, counties and municipalities to follow the law," McIntosh said. "If they have a problem with it, they need to go to the state. They do not need to break state law. They have been sworn to uphold the law. Now they are breaking the law."

Kelly said he sees it differently.

"I would just say listen, if they want to go down in fighting this out in court, that's better than fighting it out in the street," Kelly said.

McIntosh does not know yet when the suit would go in front of a judge.

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