Kansas Legislature Sends Governor Strongest Pro-gun Bill in Country

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Late last Friday, as both houses of the Kansas legislature were winding up its current session, Senate Bill 102 and House Bill 2199 were passed overwhelmingly, putting the matter firmly on the desk of pro-gun Governor Sam Brownback (shown) for signing. The House passed its measure 96-24 while the Senate’s bill was voted through 35-4. As both pieces of legislation are identical, no conference was necessary and the final bill will be on Brownback’s desk this week for signing.

As the votes were being counted in the Senate, one senator exclaimed: “Passage of SB 102 means that the Second Amendment and the Tenth Amendment are alive and well in Kansas!”

Indeed. Not only does the bill declare that “any act, treaty, order, rule or regulation of the government of the United States which violates the second amendment of the constitution of the United States is null, void and unenforceable in the state of Kansas,” it bases its legality on the Second, Ninth, and 10th Amendments:

The second amendment to the Constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

The ninth [and tenth] amendment[s] to the constitution of the United States guarantee to the people rights not granted in the constitution and reserve to the people of Kansas certain rights as they were understood at the time that Kansas was admitted to statehood in 1861.

The guaranty of those rights is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

The bill is based on the state constitution of Kansas as well:

Section 4 of the bill of rights of the constitution of the state of Kansas clearly secures to Kansas citizens, and prohibits government interference with, the right of individual Kansas citizens to keep and bear arms.

This constitutional protection is unchanged from the constitution of the state of Kansas, which was approved by congress and the people of Kansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

The bill has real teeth, as it expands on its declarations that any of these federal government intrusions is null and void. It prohibits any employee of Kansas from helping the federal government to enforce these intrusions and declares as unlawful any attempts by any federal government employee to enforce such intrusions, making such efforts a felony in the state.

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