From The 10th Amendment Center, Posted by Michael Boldin, 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.
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
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.
Once a federal agent violates this law, they will be served with a complaint and summons, whereby criminal proceedings can begin. Such language, being signed by such a national figure as Brownback, could be a green-light for others to do the same in states around the country.
The new law “shall take effect and be in force from and after its publication in the Kansas register.”
LEGISLATION AND TRACKING
Follow the lead that Kansas has set and work to get similar legislation passed in your own area to protect the right to keep and bear arms by nullifying federal gun control. Model legislation for states and local governments here:
Track the status of similar legislation in states around the country here: