One Friday last September, employees at a First Federal Bank of Kansas City branch in Independence, suspicious of a man crouched near the front of the building, locked their doors and soon heard an explosive noise. Surveillance footage showed the man had fired a handgun in the air, the police said. The Jackson County Prosecutor’s Office later charged Keron McKinney, who has a burglary conviction in Kansas, with unlawful possession of a firearm because of a prior felony.
Prosecutors also charged him with unlawful discharge of a firearm – a new criminal offence in place since August called “Blair’s Law.” Missouri lawmakers passed Blair’s Law to great fanfare last year. The measure, more than a decade in the making, was intended to clamp down on celebratory and reckless gunfire within city limits. Its namesake, 11-year-old Blair Shanahan Lane, was struck by a falling bullet in Kansas City on July 5, 2011. She was pronounced dead the next day.
Five months after the law took effect, a review of court documents by The Star shows that Jackson County prosecutors have so far primarily tacked the charge – a misdemeanour for first-time offenders – onto cases involving more serious, felony-level alleged conduct. The Jackson County Prosecutor’s Office says it has brought nine Blair’s Law cases, and a potential 10th case is under review.
Even as authorities warn against shooting guns into the air ahead of the Super Bowl on Sunday, none of the cases filed so far appear linked to shots fired following Chiefs games and just one incident is alleged to have occurred on New Year’s Eve, another popular moment for celebratory gunfire.
Law enforcement authorities and supporters of the law emphasize that the crime is new and it will take police and prosecutors time to adjust. Still, they say the publicity surrounding the law may itself help deter gunfire if it causes people to think twice before shooting. They also caution that stand-alone Blair’s Law violations can be difficult to investigate and prosecute. In most instances, prosecutors need witnesses willing to testify they saw a specific individual fire a gun at a specific time; just hearing shots in your neighbourhood isn’t enough.
“I do think that there’s a little bit of a learning curve that is involved in any type of launch of a new criminal law provision,” Jackson County Prosecutor Melesa Johnson, a Democrat who took office in January, said in an interview. “But we are committed to making sure that that learning curve is as swift as possible as you can tell by us already having filed a number of these cases, including one under review right now.”
The case against McKinney appears to be the earliest alleged violation of Blair’s Law in Jackson County, occurring just a couple of weeks after the criminal provision took effect. McKinney’s public defender didn’t respond to a request for comment.
In some instances, Blair’s Law charges have been included in cases that would almost certainly have been prosecuted even without the new law. On Oct. 24, Kansas City police responded to 600 Admiral Boulevard, where a man was alleged to have been firing a long gun from a 19th-floor apartment. Detectives found shell casings in a courtyard, on a loading dock and the roof of a building. A nearby Ford Fusion was also struck by gunfire, according to a probable cause statement.
A Jackson County grand jury later indicted Brent Bischof on two counts of unlawful use of a weapon – alleging he had fired at a person, motor vehicle or building and had exhibited a gun in an angry or threatening manner – and armed criminal action, all felonies. The grand jury also indicted him on one misdemeanour count of violating Blair’s Law. A not-guilty plea has been entered for him, according to a court document.
A month later, Kansas City police arrested Alexander Pylypczuk after shots were reported at a bar. Police say a witness heard gunshots inside the bar and then saw Pylypczuk come out of the bathroom. “I fired the gun because I thought someone locked me in the bathroom stall,” Pylypczuk said, according to the witness.
Along with a Blair’s Law violation, a Jackson County grand jury indicted Pylypczuk on a felony count of unlawful use of a weapon, alleging that he fired a gun while intoxicated. A not-guilty plea has been recorded.
Missouri criminal law already covered much of the conduct targeted by Blair’s Law, said Daniel Ross, a Kansas City-based criminal defence attorney. Randomly shooting in the air is already an unlawful use of a weapon, he said, adding that if someone is injured from gunfire, charges of assault may be appropriate, or involuntary manslaughter if someone dies.
Evidence and resources are a barrier to filing more stand-alone Blair’s Law cases, he indicated. “Most good evidence of someone breaking this particular law is going to be associated with a greater investigation,” Ross said.
Under Blair’s Law, a first-time offence is a class A misdemeanour, punishable by up to a year in jail, a $2,000 fine, or both. Repeat violations are felonies. Since the law just took effect in August, all of the current cases are first-time offences. But prosecuting first-time offenders is important, Johnson said.
“We really do need to charge those first-time offenses so if they shoot again and they’re caught again, under the law we can stairstep those classes of offenses up as time progresses,” Johnson said.
U.S. Rep. Emanuel Cleaver, a Democrat who was Kansas City’s mayor in the 1990s, called combating celebratory gunfire critically important. He said when the Chiefs won the AFC Championship, he told his children and others not to go outside for fear of stray bullets.
The challenge to bringing prosecutions is convincing people to talk, Cleaver said. But if the criminal penalties are severe enough, he predicted witnesses will be a little more willing to come forward. “What I think we ought to have is a law that’s strong enough to make people think twice,” Cleaver said. “The guns are plentiful and everybody’s got one.”
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Benjamin Ford is a dedicated local journalist passionate about reporting on community news, events, politics, crime, and finance. With a sharp eye for detail and a commitment to uncovering impactful stories, he provides in-depth analysis and timely updates on issues that matter to the local audience. Benjamin enjoys engaging with the community and staying informed on emerging trends when he’s not covering the latest developments.
