The Kansas legislature will consider a firearms freedom act during its 2012 session.

HB2421 declares that, “a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.”

Rep. Connie O’Brien (R – Tonganoxie) and Rep. Jana Goodman (R – Leavenworth) introduced the bill on Jan. 9.

HB2421 would also make it a criminal offense (severity level 10 nonperson felony) for any agent of the United States government to attempt to enforce any federal regulation upon a firearm or ammunition covered under that act.

The bill rests on the foundation of the Tenth Amendment, correctly asserting that regulation of intrastate commerce is vested in the states.

“The Tenth Amendment to the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those powers 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 Kansas House passed a similar act in 2010, but the legislation stalled in the Senate.

“The federal power to regulate interstate commerce is probably the one most abused by the feds. They’ve stretched it to the point that they justify regulating pretty much everything. The framers never intended the power to extend to every imaginable economic activity.” Tenth Amendment Center communications director Mike Maharrey said. “States need to stand up to the feds and tell them to butt out of areas where they have no authority. I hope the Kansas legislature  gets this bill passed, and other states will boldly follow its example.”

With Montana leading the way, eight states have passed firearms freedom acts including, Alaska, South Dakota, Arizona, Idaho, Tennessee, Utah and Wyoming.

Some states have taken the idea a step further. Legislatures in Florida, New Hampshire and Iowa will consider intrastate commerce acts that would reestablish the state’s rightful authority to not only regulate firearms wholly made and sold within state borders, but all products.

To track firearms freedom legislation across the U.S., click HERE.

To track intrastate commerce legislation, click HERE.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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