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Kansas legislature

Kansas Legislature

Legislation seeks to block federal gun laws on Kansas firearms

February 19, 2013

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— Secretary of State Kris Kobach on Tuesday urged passage of a bill that he said would protect Kansas gun owners from federal restrictions, and he welcomed a possible legal battle over the measure all the way to the U.S. Supreme Court.

"It is a fight worth having," Kobach told the House Federal and State Affairs Committee during a hearing before a standing-room-only crowd of gun owners.

House Bill 2199, known as the Second Amendment Protection Act, states that any personal firearm, accessory or ammunition that is owned or manufactured in Kansas and that remains in the state is not subject to federal law. Federal authorities trying to enforce any kind of rule on such a firearm would face possible prison time.

And it would prohibit doctors — but not psychiatrists — from inquiring whether a patient owns a gun.

Supporters of the bill said it was necessary to protect Kansas gun owners from possible legislation in Congress and executive orders by President Barack Obama.

"We will not succumb to their ridiculous and unconstitutional threats to gun ownership," said Patricia Stoneking, president of the Kansas State Rifle Association.

Speakers said proposed gun rules sparked by recent gun violence violate the Second Amendment and states' rights under the 10th Amendment.

But Attorney General Derek Schmidt's office told the committee to be mindful of legal limits on the ability of states to restrict federal actions.

In written testimony, Assistant Attorney General Charles Klebe, who is responsible for licensing concealed carry guns, said, "To state the obvious, the Supremacy Clause of the United States Constitution cannot be waived by state law, and any conflict between a valid federal law and a state law will be resolved by the courts in favor of the federal enactment."

The provision creating a felony offense for federal authorities to enforce federal guns laws could subject Kansas officers to federal charges of obstruction of justice, Klebe said.

And prohibiting doctors from asking questions about a patient's firearms ownership raised issues about limiting the First Amendment right to free speech, he said.

Several supporters of the bill said Obama, either through executive order or the Affordable Care Act, was going to require doctors ask their patients whether they own a gun.

But when asked where in the Affordable Care Act that provision was, the speakers said they didn't know.

The Obama administration has said the ACA allows physicians to ask their patients about gun safety but did not create any mandate requiring doctors to do so.

Both the Kansas Medical Society and Kansas Action for Children said they would oppose prohibiting physicians from asking patients if they have firearms in their homes.

From 2005 to 2010, 40 percent of homicides of children in Kansas involved a gun, the KAC said. "Screening for child and adolescent access to firearms is an essential component of injury prevention," the KAC said. The American Academy of Pediatrics encourages physicians to ask patients if they own firearms.

The KAC said asking about the presence of guns is just part of a safety checklist that includes questions about other potential hazards, such as staircase gates, swimming pools and the location of poison in the home.

Comments

Brian Chilcoat 1 year, 1 month ago

Why am I always amazed at the stupidity of people? I have an idea, let's all be the same. We will all make the same money, live in the same houses, drive the same cars, dress the same....and no one will ever be sad. A utopian society one and all!
Grow up! If I want a gun, then I should not be barred from having one. At the end of the day this is not about guns to me, it is about being free to choose.

1

rockchalk1977 1 year, 1 month ago

Obama on gun control and the Second Amendment.

http://www.youtube.com/watch?v=4vouPsyszV4

Like everything else, his position has "evolved" on this issue. Hopeless change!

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neworleans 1 year, 1 month ago

Possible revolution brewing in this country?

0

grandnanny 1 year, 1 month ago

So it's okay for Kansas to restrict gun ownership but not the federal government. The problem with state-by-state laws on gun ownership is that guns are mobile. New York City has tough gun laws, but guns come up from the South along I-95. Chicago has tough gun laws, but guns come in from Indiana which has lax laws. So your state gun laws are pretty impotent. Look at Johnson County where there are numerous cities, each one trying to protect itself from the others. Remember the guy in the restaurant in Leawood who accidentally shot his wife while trying to get his credit card. What if she had died? Or what if someone else had been shot? The person who get shot has little or no recourse because concealed carry is legal in Johnson County. Having thousands of different gun laws makes little sense. Besides the federal law that is being considered asks for background checks for all gun sales instead of letting anyone buy a gun at a gun show or from a private person with a background check. How is that hurting your second amendment rights? If you haven't done anything wrong, you can spend as much of your hard-earned money as you want on guns.

2

fu7il3 1 year, 1 month ago

That has to be a stock photo. There is no way there is actually a box of .223 available.

1

question4u 1 year, 1 month ago

Why not take this to the Supreme Court? There are still some people in other parts of the country who don't realize that so many Kansans are anti-American. What better way to show them than to make the purely symbolic gesture of defying federal laws? The pointlessness of that gesture will convey a lot about Kansas as a state.

1

William Weissbeck 1 year, 1 month ago

President Washington put down the Whiskey Rebellion. He led the troops. I half wish there would be something similar in Kansas. The hot air coming from the Kansas GOP is doing far more harm to the environment than putting down an armed rebellion ever would.

3

gogoplata 1 year, 1 month ago

Americans just keep buying guns. Gun and ammo manufacturing is running at 100% and still they can't keep the shelves stocked. Even wimpy states like KS are taking a stand against the Federal Government. I love it.

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Rick Hird 1 year, 1 month ago

This has to be a joke. Why is our Secretary of State wasting our time and money with this? Kris Kobach is an embarrasment. His never ending self promotion has no boundaries.

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Biscayne 1 year, 1 month ago

Thanks Kris, your the BEST!

1

rockchalk1977 1 year, 1 month ago

JEFFERSON CITY, Mo. (AP) - A Missouri lawmaker is proposing to send colleagues to prison for introducing gun control legislation.

http://stlouis.cbslocal.com/2013/02/19/mo-house-bill-makes-proposing-gun-control-illegal/

See it could be worse anti-gun libs.

3

SpeedRacer 1 year, 1 month ago

Has Kobach done anything yet that is actually part of his job?

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KansasLiberal 1 year, 1 month ago

The dying throes of an irrelevant political party. It's good to know that republicans haven't learned anything from beating that they received in last years' elections.

4

Joe Hyde 1 year, 1 month ago

This is just another provocative diversion intended to draw people's attention off the tax screwing that ordinary citizens are suffering, and will suffer more of, at the hands of Republican conservatives. A screwing that everybody but the wealthy is beginning to feel, and understand.

So keep those hot button attacks coming, y'all Rep-cons! Guns; Abortion; Flouride in our water; KU and K-State must play Wichita St.; the state Supreme Court has no authority in decisions made by the legislature and governor; Absorb the Turnpike into KDOT with Brownback controlling; Hire private instructors for remedial 3rd Grade reading under a program controlled by Brownback. Keep 'em comin', keep 'em comin'.

Americans for Prosperity and the American Legislative Exchange Council (read: Koch brothers) manipulating in secret every desperate move of their craven puppets. The pace of provocative initiatives reveals the level of panic in the control room. Too many people are catching on, the game is being lost.

6

Centerville 1 year, 1 month ago

First thing I thought was "I see Wal Mart is still selling all its ammo." LJW could start a very popular ammo watch, like those gas price alerts, listing retailers with supply.

1

chzypoof1 1 year, 1 month ago

You all make it fun to read the comments. You don't have any knowledge of the issue, you just think "guns are scary"

-This bill would NOT negate all federal gun laws. It would negate any new laws deemed unconstitutional. -Assault rifles are not dangerous, the person behind the gun is. A mentally unstable person can use handguns, bombs, etc just as easy to kill. -Crime is crime. Crossing state lines to shoot people is still a crime.

The bottom line is this bill is to protect the Law Abiding Citizens, not the criminals. Taking away a person's guns that have not broken laws will not solve gun crime. Chicago has some of the most strick gun laws in the country. Over 500 gun murders so far this year.

Thank you all for the fun read.

poof

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whats_going_on 1 year, 1 month ago

Once again, I pose the question.

Why the heck does anyone NEED an assault rifle? (If you say that the gov'ment is going to come after you and you need to protect yourself...I will sucker punch you through my screen)

Fun to shoot? Maybe they should make those rifles only available to rent at an approved range?

This is so stupid.

5

ksjayhawk74 1 year, 1 month ago

Without Federal gun laws in Kansas, children will be able to own and carry handguns. Felons will be able to buy and own guns. Illegal immigrants will be able to have guns. Fugitives will be legally allowed to have guns. Using a gun while committing a Federal crime will not subject the accused to any stiffer sentencing. Also legal will be, sawed off shotguns, silencers, bombs and IEDs, machine guns, armor piercing bullets, undetectable guns, guns with altered/removed serial numbers.

This sounds like a great plan!!!

3

ksjayhawk74 1 year, 1 month ago

All rights have limits.

We have freedom of speech but you can't yell "fire" in a crowded movie theater.

We have freedom of religion but your religion can't make it OK to kill people, rape or abuse children.

We have the right to bear arms, but you can't point a loaded gun at someone for no reason. You can't fire your gun off in celebration in the middle of Mass St.

The 2nd amendment doesn't mean you get to have any kind of gun you want, anywhere you want.

12

voevoda 1 year, 1 month ago

We're facing a huge budget shortfall, but the state is going to waste a lot of money defending a law that is unnecessary and unconstitutional? It sounds like just more of Kris Kobach's grandstanding in pursuit of his own career goals.

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lucky_guy 1 year, 1 month ago

Rock you are not that good person. Be afraid, be very afraid.

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rockchalk1977 1 year, 1 month ago

I like it. Thank you Mr. Kobach for protecting our Second Amendment rights in Kansas. The only way to stop a bad person with a gun is a good person with a gun!

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To Sides 1 year, 1 month ago

"he welcomed a possible legal battle over the measure all the way to the U.S. Supreme Court." What tax will pay for this Mr. Kobach?

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Kat Christian 1 year, 1 month ago

This is the craziness bill ever. If this passes there will be more shootings in Kansas then any other state. Koback wouldn't think so highly of this bill if it were a member of his family who was shot or he himself. Bet he'd change his mind then. There is no place for assault weapons or magazine rounds in this society except for the nuts who wants or keep them around. I hope this bill does not pass.

4

just_another_bozo_on_this_bus 1 year, 1 month ago

Another "Look at me!! Look at me!!" moment from KK.

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kuguardgrl13 1 year, 1 month ago

I really think this is a waste of time and resources, but there are examples of these kinds of state laws working. Just look at marijuana in California, Colorado, and Washington. Although if Kobach tries to use those as an example, I will laugh hysterically. I do wonder if this bill would protect gun owners from other states who cross into Kansas. If a shooter from Missouri comes to Kansas and kills a bunch of people, will the FBI just sit back and watch?

1

Larrytown 1 year, 1 month ago

It's like Groundhog Day all over again....

Kris Kobach testifying before the committee about something that has absolutely "zippo" to do with the job of a Secretary of State. It goes without saying...we have a real circus in Topeka nowadays.

12

NotImpressed 1 year, 1 month ago

"But when asked where in the Affordable Care Act that provision was, the speakers said they didn't know. "

But, but, but...the sky is FALLING!

Lemmings.

Too bad they don't expend at least the same effort protecting other Constitutional rights - like abortion

9

chootspa 1 year, 1 month ago

Because federal limits, if such things ever actually pass, would not be subject or 2nd Amendment scrutiny? Gah, more mythical unicorn protections from Kobach's silly brigade.

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