After multiple committee hearings, today the 2nd Amendment Preservation Act was passed by the Kansas House Committee on Federal and State Affairs. There was a voice vote to move the bill forward and according to co-sponsor, Rep. Brett Hildabrand, “there was no audible opposition.” It will now move to the full state house for consideration, debate and full vote.
House Bill 2199 (HB2199) was introduced by State Representative John Rubin and 50 cosponsors in total. The bill would nullify most federal gun control measures on firearms, accessories and ammunition either owned OR made within the state. The bill reads, in part:
A personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program
It also takes the strong constitutional positions that laws which are contrary to the 2nd Amendment are no law at all:
Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas
Alexander Hamilton proclaimed the same when he wrote the following in Federalist #78:
“Every act of a delegated authority contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the constitution, can be valid.”
The bill also includes felony charges for federal agents who attempt to violate the act in the State of Kansas:
It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States upon a firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony.
While the bill has good support in the State House, inside sources tell us to expect a tough battle to get it passed on to the Senate. Strong grassroots pressure will be required to move the bill forward.
ACTION ITEMS for Kansas
1. Contact your state representative. Strongly, but respectfully, let him or her know that you want them to vote YES on HB2199.
contact info here:
http://www.kslegislature.org/li/b2013_14/chamber/house/roster/
2. Encourage your local community to take action as well. Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations
model legislation here:
http://tenthamendmentcenter.com/2ndamendmentpreservation/
3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE
ADDITIONAL READING AND RESOURCES
The 2nd Amendment Preservation Act IS constitutional
