Kansas Legislature Sends Governor Strongest Pro-gun Bill in Country

By:  Bob Adelmann
04/08/2013
       
Kansas Legislature Sends Governor Strongest Pro-gun Bill in Country

With the overwhelming passage of a bill to nullify federal attempts to enforce unconstitutional gun laws in the state of Kansas, the message and the momentum appear to be on the side of the other 30 states passing or considering similar laws.

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 in photo) 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:

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