Proposed gun rule in Jackson County violates Missouri gun laws, lawyers say

An ordinance proposed in the Jackson County Legislature to prohibit people under age 21 to buy and possess certain firearms is illegal and risks lawsuits from the state, lawyers said this week.

Jackson County Executive Frank White sent a letter to the legislature Monday detailing an opinion from the county’s attorney, Bryan Covinsky, on ordinance 5865 . The ordinance violates state law, would be unenforceable and create liability for the county, Covinsky argued.

“This proposed ordinance puts the county in an unnecessary legal battle that will burden the taxpayers with the costs of a legal defense that we will lose and the legal expenses and damages of the plaintiffs,” White said in his letter.

Despite pushback from White and others, the ordinance’s sponsor, 1st District Legislator Manny Abarca , said he believes an impending legal battle is worth the legislature’s time and taxpayer dollars.

Abarca introduced the ordinance at a legislature meeting July 22 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.

In its introductory statement, the ordinance 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 three of the alleged shooters being juveniles as cause for a new ordinance with age restrictions on firearm possession.

The ordinance was drafted after consulting national violence prevention organizations, Abarca said, 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.”

Abarca said he also consulted county attorneys and local law enforcement before introducing the legislation.

“We all knew and agreed that under state law, currently, that this was likely not going to stand, but it could create an opportunity for us to challenge the very law itself,” Abarca said.

Challenge to long-standing Missouri gun law

In a legal opinion on the proposed ordinance, Covinsky cited the Missouri preemption statute , 21.750, which limits the power of governments to restrict firearms at the local level.

He said the Missouri Attorney General’s Office has a history of filing lawsuits against any local government that passes or attempts to pass restrictions on firearms outside parameters of state statutes.

White said gun violence in the community is “staggering” and that he is committed to ensuring the safety and well-being of people in Jackson County.

But he urged the legislature to oppose the ordinance and find other ways to protect residents.

“Despite being fully aware of these legal shortcomings, the sponsor of this ordinance chose to proceed, prioritizing performative politics over honest public service,” White said. “This is a dangerous disservice to our community. Our focus should be on real solutions that genuinely enhance public safety without misleading the public or wasting taxpayer money.”

Amid White’s opposition to the ordinance, Abarca sent a letter to him Tuesday calling for the executive to create an office focused on gun violence prevention.

What does ordinance seek to restrict?

Under the 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, the U.S. Armed Forces, the National Guard, or organized reserves, could possess a semi-automatic assault rifle when on duty, the ordinance states.

Kansas City lawyer Kevin Jamison , who specializes in firearms law, said since the ordinance goes beyond parameters in state statutes, the county would likely lose any lawsuit that comes its way.

“On the face of it, it’s not going to pass a circuit court judge,” Jamison said. “It violates Missouri law.”

“If it passes (the county legislature), then they will get sued.”

The proposed ordinance was sent to the legislature’s rules committee last week and remained there Monday. As of Tuesday, it has not been scheduled for any hearings or agendas.