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Apr 16, 2013
TOPEKA, KS (April 16, 2013) – Today, Kansas Governor Sam Brownback signed into law Senate Bill 102 (SB102), formerly HB2199 – the 2nd Amendment Protection Act. In the wake of increased federal interest in restricting the right to keep and bear arms, the new Kansas law is the most comprehensive nullification of such acts thus far.
The new law nullifies 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 that 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 enforcing 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 federal gun control laws “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 the legislation as a jobs bill in that is specifically includes language from Firearms Freedom Acts that have been passed in various states since 2009.