Jackson County official wants to ban minors from buying pistols. What stands in his way?

Reality Check is a Star series holding those with power to account and shining a light on their decisions. Have a suggestion for a future story? Email our journalists at RealityCheck@kcstar.com.

A proposed ordinance in the Jackson County Legislature would make it illegal for people under 21 to buy and possess certain firearms.

But long-standing Missouri law limits the power of governments to restrict firearms at the local level.

The proposal was introduced by 1st District Legislator Manny Abarca at a legislature meeting Monday and comes in the wake of a mass shooting at the 2024 Chiefs Super Bowl victory rally in February. The ordinance would ban firearm possession for minors except in certain circumstances, Abarca said.

In its introductory statement, the legislation outlines events of the shooting Feb. 14, when Lisa Lopez-Galvan, 43, was killed and 22 others were injured in gunfire. The preamble also cites two of the alleged shooters being juveniles as cause for a new ordinance with age restrictions on firearm possession.

“Mere access to these firearms can contribute to the… violence that occurs in these situations,” Abarca said. “Tragically, youth are not in the capacity to make decisions when they have high power firearms in their pockets. … These policies may help protect and shelter the youth themselves that are doing some of the perpetuation of the violence.”

In general, ordinances passed through the Jackson County Legislature do not apply to each city in Jackson County, but to the unincorporated parts of the county. So an ordinance restricting firearm access wouldn’t necessarily apply to Kansas City.

The General Assembly in 1984 passed a bill preempting the authority of local governments to restrict guns except in limited circumstances, like banning their discharge in city limits.

That overarching law is what Abarca said he is aiming to challenge with the new Jackson County legislation.

“The legality component of that will be challenged, undoubtedly,” Abarca said. “I’ve instructed general council to write these as if they’re going to be policies we are going to enforce, and let’s enforce them until we’re told not to.”

“If that means the state’s attorney general has to come down and sue the county because we’re trying to create safe communities, then so be it,” Abarca said. “Let’s take this through the judicial process.”

Any limits on guns Jackson County or Kansas City want to take are constrained by long-standing state law largely blocking local governments from imposing their own restrictions on firearms. For 40 years, the General Assembly has retained for itself the sole authority to regulate firearms.

What would the proposed ordinance restrict?

Under Abarca’s proposed ordinance , people under 21 would not be able to purchase a pistol or semiautomatic assault rifle. The ordinance would also ban the sale or transfer of semi-automatic assault rifles to someone under 21.

Those under 21 could only possess a pistol in their homes, at the person’s fixed place of business or on real property under their control, the ordinance states.

A person at least 18 would be able to possess a semi-automatic assault rifle, but in limited circumstances: while participating in a firearms safety course, while they are shooting target practice at a range approved by the legislature, or while on the property of a parent, relative or legal guardian.

Members of law enforcement, U.S. armed forces, national guard, or organized reserves, could possess a semi-automatic assault rifle when on duty, the ordinance states.

On Monday, the ordinance was introduced and sent to the legislature’s rules committee. As of Wednesday it has not been scheduled for any hearings or agendas.

“Basic protections that all responsible gun owners would probably agree with are no longer there,” Abarca said. “Juveniles possessing firearms — that’s no longer illegal in the state of Missouri. So what we’re doing is also education.”

Violence prevention groups, police consulted

Abarca said the ordinance was drafted after consulting national violence prevention organizations, including the Giffords Center for Violence Intervention, Everytown for Gun Safety and the White House Office of Gun Violence Prevention to find “common-sense solutions.”

Christina Esteban, managing director of KC Mothers in Charge said the ordinance could be a step toward more community collaboration on the issue of gun violence.

“Ordinances like this can only help and really push the dial, because we all want a safer Kansas City,” Esteban said.

Abarca said he also had conversations with local law enforcement, namely, the Kansas City Police Department, on the issues it faces in gun violence prevention.

“The thing we constantly heard (from law enforcement) was, ‘we have no ability to approach or prevent the open carry of high-powered firearms from juveniles,’ Abarca said. “And that drove us toward this response and (legislation).”

The Star’s Natalie Wallington, Kacen Bayless, Katie Bernard and Jonathan Shorman contributed.