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Kansas Bill to Nullify Federal Gun Laws Goes to Governor Brownback for Signature
Last week, in the final hours of the Kansas state legislative session, the House and Senate voted to pass Senate Bill 102 (previously House Bill 2199) and send it to Governor Brownback for signature.
The House passed the bill by a vote of 96-24, and the Senate voted 35-4. During the Senate vote, one Senator exclaimed, “Passage of SB102 means that 2nd and 10th Amendment are alive and well in Kansas.”
If signed into law, SB102 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.