Today, the Kansas State Senate Committee on Federal and State Affairs moved House Bill 2199 (HB2199) a step closer to Governor Brownback’s Desk. The committee passed the bill by a voice vote, and it will not get a debate and vote in the full State Senate.

The State House previously passed the bill by a vote of 94-29. If signed into law, HB2199 would nullify a wide range of federal attacks on the right to keep and bear arms in the State of Kansas.  It states, in part:

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

 In conjunction with Section 6a (quoted above), the bill defines what is meant by “the second amendment to the constitution of the United States,” and it isn’t based off a decision of the supreme court.

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.

State and local agents would be prevented from supporting any acts or actions that are “null, void and unenforceable in the state of Kansas.”  Based off this text, the state of Kansas would not be allowed to participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood in 1861.   

As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)

This mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective.  Read more about it here.  A future legislative session could also address how to further prevent federal enforcement should these steps prove to not be effective enough.

A JOBS BILL TOO

Supporters of the legislation also see HB2199 as a potential jobs bill in that is specifically includes language from Firearms Freedom Acts that have been passed in various states since 2009.

A personal firearm, a firearm accessory or ammunition that manufactured commercially or privately and owned 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, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce.

Such protection for the manufacture of firearms, accessories and ammunition could be an incentive for well-known manufacturers in New York or Maryland, for example, that are feeling the pressure of gun control advocates in those state legislatures. Encouraging businesses to relocate to Kansas is what some supporters says is “just what’s needed in a time of economic difficulty.”

The legislation takes this “jobs promotion” part of the potential law seriously.  It would protect manufacturers who move to Kansas by providing for criminal charges on federal agents who attempt to violate the state law.

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 manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony

ACTION ITEMS for Kansas

1. Contact your State Senator.  Strongly, but respectfully let them know you want a YES vote on HB2199.

Contact information here:
http://www.kslegislature.org/li/b2013_14/chamber/senate/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 present a great way to strengthen a statewide campaign against 2nd Amendment violations.

model legislation here:
http://tenthamendmentcenter.com/2ndamendmentpreservation/

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

How to Respond to Unlawful Orders

The 2nd Amendment didn’t “grant” rights

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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