HB 2199 - Full Text - Second Amendment Protection Bill

This is the full text of HB 2199, the Second Amendment Protection Bill.  HB2199 is crucial to protect the second amendment for Kansans.  Please contact your representative and ask for a YES vote.   

HOUSE BILL No. 2199

By Representatives Rubin, Alford, Boldra, Bradford, Brunk, Campbell, Carlson, Carpenter, Cassidy, Christmann, Claeys, Corbet, Couture-Lovelady, Crum,

DeGraaf, Edwards, Esau, Garber, Goico, Gonzalez, Grosserode, Hedke, Henry, Hermanson, Highland, Hildabrand, Hoffman, Houser, Howell, Huebert, Jones, Kelley, Macheers, Mast, McPherson, Montgomery, O'Brien, Osterman, Pauls, Peck, Petty, Read, Rothlisberg, Ryckman Sr., Sawyer, Schwab, Sutton, Todd, Waymaster and Whipple

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1 AN ACT enacting the second amendment protection act. 2 3 Be it enacted by the Legislature of the State of Kansas: 4 Section 1. Sections 1 through 11, and amendments thereto, may be 5 cited as the second amendment protection act.

6 Sec. 2. The legislature declares that the authority for sections 1 7 through 11, and amendments thereto, is the following: 8 (a) The tenth amendment to the constitution of the United States 9 guarantees to the states and their people all powers not granted to the

10 federal government elsewhere in the constitution and reserves to the state 11 and people of Kansas certain powers as they were understood at the time 12 that Kansas was admitted to statehood in 1861. The guaranty of those 13 powers is a matter of contract between the state and people of Kansas and 14 the United States as of the time that the compact with the United States 15 was agreed upon and adopted by Kansas in 1859 and the United States in 16 1861.

17 (b) The ninth amendment to the constitution of the United States 18 guarantees to the people rights not granted in the constitution and reserves 19 to the people of Kansas certain rights as they were understood at the time 20 that Kansas was admitted to statehood in 1861. The guaranty of those 21 rights is a matter of contract between the state and people of Kansas and 22 the United States as of the time that the compact with the United States 23 was agreed upon and adopted by Kansas in 1859 and the United States in 24 1861.

25 (c) The second amendment to the constitution of the United States 26 reserves to the people, individually, the right to keep and bear arms as that 27 right was understood at the time that Kansas was admitted to statehood in 28 1861, and the guaranty of that right is a matter of contract between the 29 state and people of Kansas and the United States as of the time that the 30 compact with the United States was agreed upon and adopted by Kansas inHB 2199 2

1 1859 and the United States in 1861. 2 (d) Section 4 of the bill of rights of the constitution of the state of 3 Kansas clearly secures to Kansas citizens, and prohibits government 4 interference with, the right of individual Kansas citizens to keep and bear 5 arms. This constitutional protection is unchanged from the constitution of 6 the state of Kansas, which was approved by congress and the people of 7 Kansas, and the right exists as it was understood at the time that the 8 compact with the United States was agreed upon and adopted by Kansas in 9 1859 and the United States in 1861.

10 Sec. 3. As used in sections 1 through 11, and amendments thereto, the 11 following definitions apply: 12 (a) "Borders of Kansas" means the boundaries of Kansas described in 13 the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1.

14 (b) "Firearms accessories" means items that are used in conjunction 15 with or mounted upon a firearm but are not essential to the basic function 16 of a firearm, including, but not limited to, telescopic or laser sights, 17 magazines, flash or sound suppressors, collapsible or adjustable stocks and 18 grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers 19 and lights for target illumination.

20 (c) "Generic and insignificant parts" includes, but is not limited to, 21 springs, screws, nuts and pins. 22 (d) "Manufacture" means to assemble using multiple components to 23 create a more useful finished product.

24 Sec. 4. (a) A personal firearm, a firearm accessory or ammunition that 25 is owned or manufactured commercially or privately in Kansas and that 26 remains within the borders of Kansas is not subject to any federal law, 27 treaty, federal regulation, or federal executive action, including any federal 28 firearm or ammunition registration program, under the authority of 29 congress to regulate interstate commerce. It is declared by the legislature 30 that those items have not traveled in interstate commerce. This section 31 applies to a firearm, a firearm accessory or ammunition that is owned or 32 manufactured in the state of Kansas.

33 (b) Component parts that have multiple manufacturing or consumer 34 product applications are not firearms, firearms accessories or ammunition, 35 and their importation into Kansas and incorporation into a firearm, a 36 firearm accessory or ammunition manufactured in Kansas does not subject 37 the firearm, firearm accessory or ammunition to federal regulation. It is 38 declared by the legislature that such component parts are not firearms, 39 firearms accessories or ammunition and are not subject to congressional 40 authority to regulate firearms, firearms accessories and ammunition under 41 interstate commerce as if they were actually firearms, firearms accessories 42 or ammunition.

43 (c) Firearms accessories that are imported into Kansas from another

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1 state and that are subject to federal regulation as being in interstate 2 commerce do not subject a firearm to federal regulation under interstate 3 commerce because they are attached to or used in conjunction with a 4 firearm in Kansas.

5 Sec. 5. A firearm manufactured in Kansas within the meaning of 6 sections 1 through 11, and amendments thereto, must have the words 7 "Made in Kansas" clearly stamped on a central metallic part, such as the 8 receiver or frame.

9 Sec. 6. (a) Any act, law, treaty, order, rule or regulation of the 10 government of the United States which violates the second amendment to 11 the constitution of the United States is null, void and unenforceable in the 12 state of Kansas.

13 (b) No official, agent or employee of the state of Kansas, nor any 14 dealer selling any firearm in the state of Kansas, shall enforce or attempt to 15 enforce any act, law, treaty, order, rule or regulation of the government of 16 the United States regarding any personal firearm, firearm accessory or 17 ammunition that is owned or manufactured commercially or privately in 18 the state of Kansas and that remains within the borders of Kansas.

19 Sec. 7. It is unlawful for any official, agent or employee of the 20 government of the United States, or employee of a corporation providing 21 services to the government of the United States to enforce or attempt to 22 enforce any act, law, treaty, order, rule or regulation of the government of 23 the United States upon a firearm, a firearm accessory, or ammunition that 24 is owned or manufactured commercially or privately in the state of Kansas 25 and that remains within the borders of Kansas. Violation of this section is a 26 severity level 10 nonperson felony.

27 Sec. 8. Sections 1 through 11, and amendments thereto, do not apply 28 to: (a) A firearm that cannot be carried and used by one person; 29 (b) ammunition with a projectile that explodes using an explosion of 30 chemical energy after the projectile leaves the firearm; or

31 (c) other than shotguns, a firearm that discharges two or more 32 projectiles with one activation of the trigger or other firing device. 33 Sec. 9. No physician, other than a psychiatrist, shall inquire of any 34 patient in conjunction with obtaining the patient's personal information and 35 medical history, whether the patient has any firearms in such patient's 36 home or on such patient's property and shall not require such information 37 before providing treatment.

38 Sec. 10. Sections 1 through 11, and amendments thereto, apply to 39 firearms, firearms accessories and ammunition that are owned or 40 manufactured, as defined in section 3, and amendments thereto, and 41 remain within the borders of Kansas on and after October 1, 2009.

42 Sec. 11. If any provision of sections 1 through 10, and amendments 43 thereto, or the application to any persons or circumstances is held to be

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1 invalid, such invalidity shall not affect the other provisions or application 2 of sections 1 through 10, and amendments thereto, and to this end the 3 provisions of section 1 through 10, and amendments thereto, are declared 4 to be severable.

5 Sec. 12. This act shall take effect and be in force from and after its 6 publication in the Kansas register.