Residents respond to sheriff's plan to sell old machine gun

The Bourbon County Commissioners fielded several phone calls Tuesday regarding the sale of the M1921 Thompson machine gun the sheriff wants to auction off.

Sheriff Bill Martin approached the commissioners on May 19 to get their blessing to establish a special fund to buy equipment with proceeds from the sale of the gun. The commissioners did not vote on the issue, but agreed the gun is the property of his department and he could use the money for new equipment.

Martin said he plans to use a clearinghouse from New York to sell the gun, which could be worth from $20,000 to $25,000, if it is in it's original case. He and Third District Commissioner Harold Coleman, a former sheriff, believe the gun is in its original case.

Commission Chair Barbara Albright said the commissioners can't guarantee the revenue won't affect the sheriff's budget. Unlike Public Works, the sheriff's office is not its own entity and falls under the general fund.

On Tuesday, callers voiced their objection to the gun leaving Bourbon County because they said it is a piece of local history. Albright said because Martin is an elected official, the commissioners cannot tell him what to do in his department. However, the commissioners are in charge of the budget for all county departments.

While not much is known about the gun's history, it is believed the governor issued Thompson machine guns to each law enforcement office along the route where gangsters were known to travel. The machine guns were to help equalize the firepower between the gangsters and law enforcement, local historians and Coleman have said.

"I've got great support to go ahead and move forward with it," Martin said.

Albright said one person has asked if the county could legally sell a piece of equipment issued by another government body. Albright posed that question to County Attorney Justin Meeks Tuesday.

"To me, it would be just like any other piece of property the sheriff's office has in regards to liquidating it," Meeks said.

He said until Tuesday, he had not been asked to research the issue of selling the gun, but he would do that.

Martin said he has spoken with representatives from clearinghouses

"They said this is normal," Martin said. "This is normal for a department or agency to get rid of something that they don't have a function or use for any more. 'This isn't uncommon. This isn't something new that's out of the blue.'"

Later, First District Commissioner Lynne Oharah compared the machine gun to Army surplus equipment that might have been issued to the sheriff's office.

"After that, it becomes the sheriff's department," Oharah said.

Martin said government funding is now controlled by organizations that didn't exist in 1933.

"So we're basically grandfathered in to we don't have to follow the rules and regulations of today's 10-33 Surplus programs," Martin said.

Albright said callers also have asked if there is some way to get money for the sheriff's office without selling the gun.

"That's up to you guys," Martin said. "I've been before you guys numerous times asking for things."

Albright said the callers have also said they would like to see the gun displayed in Bourbon County. At least one person suggested displaying the gun at the new jail facility the county plans to build.

"So it's going to be displayed in a secured area where the public won't see it," Martin said.

"We can build a case for it," Coleman said more than once during Tuesday's meeting.

Martin said he has had about a half dozen people say although they don't like they idea, they understand why he wants to sell the gun.

He said he also has been asked why there can't be a fundraiser for the sheriff's office.

"Well, I go back to the phone survey that we did for the jail," Martin said. "How many people supported the sheriff's department in equipment alone -- not the jail -- but to support the police department or sheriff's department for funding? It was almost 50 percent. A lot of people would not support the sheriff's department if they needed something. So where am I going to go? I've been before you before for cars, personnel, and I've been shot down."

He said one individual has expressed an interest in buying the gun, but an individual has to have a Class 3 license to be in possession of it.

"I told an individual that once the weapon is shipped to the clearinghouse for auction, and I get the date that the auction opens up, I will let the public know so if there is somebody in Bourbon County or the state of Kansas or in the four-state area that wants to bid on the auction on-line and take possession of the fire arm, I will let them know," Martin said.

After the meeting, Martin said his mind is not made up about selling the gun, but again stated that he has not had success in getting commissioners to fund equipment and additional staff.