Tenth Amendment Center
15 Apr 2013
TOPEKA, Kan. – Kansas Governor Sam Brownback signed the Second Amendment Protection Act Tuesday, nullifying a wide range of federal attacks on the right to keep and bear arms in the state of Kansas.
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.
By definition, state and local agents may not support any acts or actions “null, void and unenforceable in the state of Kansas.” Based on the law’s text, state and local agents cannot participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood when Kansas became a state in 1861.
The bill also bars state and local agents from enforcing or attempting to enforce “any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately and owned in the state of Kansas and that remains within the border.” Any federal agent violating this provision of the act could face felony charges. State prosecutors will serve federal agents violating the law with a complaint and summons.
“Sam Brownback just told Barack Obama, ‘Bring it on!’ The new Kansas law is the strongest and most sweeping defense of the right to keep and bear arms thus far in the entire country,” Tenth Amendment Center executive director Michael Boldin said.
Originally filed by Rep. John Rubin (R-Shawnee) as HB2199, the legislation passed the House 94-29 on March 14. In a procedural move, the Senate amended the bill into SB102 and added language precluding arrest of federal agents until a trial and conviction. The move eased fears of state or local law enforcement officers getting into direct conflicts with federal agents. The House concurred with the changes 96-24, and the Senate gave its final approval 35-4 on April 6.
“This is a huge first step in reigning in federal attempts to nullify the Second Amendment,” Boldin said. “As Judge Andrew Napolitano recently pointed out, such widespread noncompliance can make federal gun control laws ‘nearly impossible to enforce.’ (video here) Mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective.”
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SENATE BILL No. 102
AN ACT enacting the second amendment protection act.
Be it enacted by the Legislature of the State of Kansas:
Section 1.
Sections 1 through 11, and amendments thereto, may be cited as the second amendment protection act.
Sec. 2.
The legislature declares that the authority for sections 1 through 11, and amendments thereto, is the following:
(a) 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.
(b) The ninth amendment to the constitution of the United States guarantees to the people rights not granted in the constitution and reserves 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.
(c) 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.
(d) Section 4 of the bill of rights of the constitution of the state of Kansas clearly secures to Kansas citizens, and prohibits government interference with, the right of individual Kansas citizens to keep and bear arms. This constitutional protection is unchanged from the constitution of the state of Kansas, which was approved by congress and the people of Kansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
Sec. 3. As used in sections 1 through 11, and amendments thereto, the following definitions apply:
(a) ‘‘Borders of Kansas’’ means the boundaries of Kansas described in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1.
(b) ‘‘Firearms accessories’’ means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, collapsible or adjustable stocks and grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers and lights for target illumination.
(c) ‘‘Manufacture’’ means to assemble using multiple components to create a more useful finished product.
Sec. 4.
(a) A personal firearm, a firearm accessory or ammunition that is 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. This section applies to a firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas.
(b) Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that such component parts are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms acces-
SENATE BILL No. 102—page 2
sories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition.
(c) Firearms accessories that are imported into Kansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Kansas.
Sec. 5.
A firearm manufactured in Kansas within the meaning of sections 1 through 11, and amendments thereto, must have the words ‘‘Made in Kansas’’ clearly stamped on a central metallic part, such as the receiver or frame.
Sec. 6.
(a) 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.
(b) No official, agent or employee of the state of Kansas, or any political subdivision thereof, shall enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, 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.
Sec. 7.
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 regarding 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. Any criminal prosecution for a violation of this section shall be commenced by service of complaint and summons upon such official, agent or employee. Such official, agent or employee shall not be arrested or otherwise detained prior to, or during the pendency of, any trial for a violation of this section.
Sec. 8.
A county or district attorney, or the attorney general, may seek injunctive relief in any court of competent jurisdiction to enjoin 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 from enforcing any act, law, treaty, order, rule or regulation of the government of the United States regarding 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.
Sec. 9.
Sections 1 through 11, and amendments thereto, do not apply to:
(a) A firearm that cannot be carried and used by one person;
(b) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(c) other than shotguns, a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
Sec. 10.
Sections 1 through 11, and amendments thereto, apply to firearms, firearms accessories and ammunition that are manufactured, as defined in section 3, and amendments thereto, owned and remain within the borders of Kansas on and after October 1, 2009.
Sec. 11.
If any provision of sections 1 through 10, and amendments thereto, or the application to any persons or circumstances is held to be invalid, such invalidity shall not affect the other provisions or application of sections 1 through 10, and amendments thereto, and to this end the provisions of section 1 through 10, and amendments thereto, are declared to be severable.
SENATE BILL No. 102—page 3
Sec. 12.
This act shall take effect and be in force from and after its publication in the Kansas register.
