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Archive for Wednesday, February 27, 2013

House committee approves bill that supporters say will protect Kansas gun rights

February 27, 2013

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— A House committee Wednesday approved a bill that could lead to the imprisonment of federal authorities who try to enforce federal gun laws in Kansas.

House Bill 2199 was approved on a voice vote without opposition by the House Federal and State Affairs Committee and will next be considered by the full House.

Called the Second Amendment Protection Act, the measure says 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. And under the bill, federal authorities trying to enforce any kind of rule on such a firearm would face possible prison time.

The Kansas attorney general's office noted problems with this provision, saying if Kansas officers tried to prevent federal authorities from enforcing federal gun laws, the Kansas officers could face charges of obstruction of justice.

But the bill's chief sponsor, Rep. John Rubin, R-Shawnee, disagreed with that analysis.

Rubin, however, did agree to strike from the bill an earlier provision that would have prohibited doctors from inquiring whether a patient owns a gun.

The Kansas Medical Society opposed that provision, saying that sometimes physicians seek information about guns at home as a safety precaution when treating patients who may be depressed or taking medications.

Rep. Steve Brunk, R-Wichita, said the provision needed to be removed to make the legislation more acceptable.

"We want this to go out with the band playing and the colors flying," Brunk said.

Even though the provision was removed, several committee members indicated they wanted to bring up the physician prohibition later as an amendment to the bill or possibly in another bill.

Comments

BOULEVARDWHEAT 1 year, 1 month ago

I wish that more laws were left to the states. Many things are regional in popularity. Also if states made good or bad ideas, they could learn from each other.

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William Weissbeck 1 year, 1 month ago

What's next, a bill to put Kansas on the gold standard?

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billbodiggens 1 year, 1 month ago

Arresting Federal Law Enforcement Officers? A prelude to insurrection? Just wondering.

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time2kill 1 year, 1 month ago

Too long have we endured oppression at the hands of the American tyrants. Finally Kansas shall rise up to claim its rightful place as a bastion of enlightenment and liberty. Hail Victory!

Idiots...

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just_another_bozo_on_this_bus 1 year, 1 month ago

So what happens when all the state's law enforcement personnel have locked up all the federal LE, and vice-versa? Can they all effectively do their jobs from jail?

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Mark Pickerel 1 year, 1 month ago

This is one of the stupidest pieces of legislation I've ever heard of.

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UneasyRider 1 year, 1 month ago

Just can't for the fun. or more likely the fiasco when a KS law enforcement agent tries to arrest an ATF agent. Any bets on results or how many bodies will be spread around?

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KNUCKLEDRAGGER 1 year, 1 month ago

Yes, it seems like our KS State legislators are too bored and they must have nothing to do. Except, they spend their time, (our time) passing stupid and meaningless laws as a way to thumb their nose at the intrusive, Socialistic, Obama Federal Government . Lets look at this , The denial of medicaid services to needy Kansans, the overly intrusive, sexual TSA patdowns of Ks residents of the (huge volume) of citizens at Booming KS Airports like Wichita, Dodge City , Hutch, Garden City , Liberal , etc wherever . The changing of Educational standards to stick it to the Liberal Elite and Liberal left who run our schools. Mr Kobach continues his personal crusade to fix the immigration issue for every state except his own.
Lets not forget the huge deficit that our Gov and his handpicked legislature have given us. They dont have the time to seriously address our own budget shortfalls - issues that they created yet they continue to throw stones at the Feds and the Obama Admin to pacify and give red meat to their rabid political base

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NotAGolfer 1 year, 1 month ago

All of you supporters of the ever-growing centralized power, think about this:

What if a majority of ultra-Christians got elected to congress and tried to pass a federal mandate that all schools must teach creationism? THEN, would you allow our state to assert its constitutionally granted independence against this unconstitutional federal power, to prosecute any federal enforcer of creationism in schools? Yes, it's possible that a popularly elected congress will pass an unconstitutional law by a majority vote. Yes, we can refuse to implement such laws, and in the end, it would probably go to the Supreme Court, or if bad enough or irreconcilable, there'd be secession.

And all who are citing the Supremecy Clause, you should note that it doesn't give the federal government power to act outside it's constitutionally enumerated (limited) powers: "Federal statutes and other federal laws are, of course, "supreme" only if made in pursuance of the Constitution, and Chief Justice John Marshall used this language in Marbury v. Madison (1803) to support his argument that the Constitution contemplates judicial review. Thus, the Supremacy Clause does not grant power to any federal actor, such as Congress. It deals with resolving a conflict between the federal and state governments once federal power has been validly exercised. " http://www.heritage.org/constitution/#!/articles/6/essays/133/supremacy-clause

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Liberty275 1 year, 1 month ago

It's an unworkable law that has the effect of flipping off the feds. I like it.

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Kathy Getto 1 year, 1 month ago

Oh, sweet lord! Other governors come to mind when these types of things arise. Remember George Wallace, Orville Faubus, Lester Maddox? Keep thumbing your nose at the Feds and the courts, Sam the Sham.

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Larry Sturm 1 year, 1 month ago

I think everybody voting aginst gun controll laws should have to look at the pictures of the 20 6 year olds laying in pools of blood at Sandyhook school'

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William Weissbeck 1 year, 1 month ago

I'm surprised that the leglslature hasn't passed a bill to go back on the gold standard.

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tolawdjk 1 year, 1 month ago

What is a personal firearm under this legislation?

Can I legally obtain semi-automatic firearms outside the state and bring them here to convert to full automatic?

Sell them to other individuals? Are there reprocussions for me if a fully auto weapon left the state not in the hands of a licensed holder?

0

question4u 1 year, 1 month ago

The Legislature seems to be giving the green light to Kansas counties and municipalities that might wish to declare that they are not subject to state law. That would seem to raise some interesting possibilities for the people of Lawrence.

Rep. Rubin will surely back them if they decide as a city not to observe the laws made in Topeka. After all, he's not a hypocrite, right?

8

voevoda 1 year, 1 month ago

The goal isn't to create a workable law. The goal is grandstanding to the gun lobby. The goal is expressing disdain for the Federal government. The goal is to create opportunities to pay pro-Brownback, pro-Kobach private law firms huge amounts of money to defend the state law, so that the pro-Brownback, pro-Kobach private law firms can then channel more money back into their favorite candidates' campaign treasure chests.

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gccs14r 1 year, 1 month ago

This is why post-secondary education is important for legislators. Without it, you end up with a bunch of morons passing unconstitutional laws.

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verity 1 year, 1 month ago

When even our AG's office finds problems with a law, you really have to wonder. All the gleeful in your face attitude speaks of a very childish set of mind.

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rockchalk1977 1 year, 1 month ago

The Second Amendment is America's original homeland security!

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kansasdaughter 1 year, 1 month ago

Good Grief! My former doctor didn't even ask me about my diet but they want to know if I own a gun?!?!?!? Bullhockey!

1

ksjayhawk74 1 year, 1 month ago

If you're thinking of committing gun crime, do it in Kansas. The State of Kansas will protect criminals from Federal law.

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chootspa 1 year, 1 month ago

Can we pass an amendment to that bill that holds the legislators personally financially responsible for funding all the legal expenses when it is overturned in court?

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Alyosha 1 year, 1 month ago

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding."

Rep. Rubin disagrees with the Constitution, not any "analysis."

I'd like to see a bill passed and signed into law that would require legislators who vote for bills, and governors who sign them, to pay out of their own pockets for the legal challenges to said bills, should they prove to be unconstitutional.

15

Hooligan_016 1 year, 1 month ago

This gave me a headache (trying to go through the mental gymnastic logic they're using). If even passed, the courts are going to strike it down immediately.

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BABBOY 1 year, 1 month ago

Moderationman has hit this one on the nail. This bill violates the US Constitution.

But, ya know, these people do not care if the bill sticks.

It is just big dance for them. They know Brownwhack will sign it. Just a show for the conservative morons of this state. The bill will become law, be stricken down in expense show and waste of state attorney time, and then they will blame the liberals.

It is how these flipping idiots got elected. By other idiots. They are not helping the State. They are not helping the country. They are just playing government leader at our expense..... They are just part of the problem.

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Bruce Bertsch 1 year, 1 month ago

I guess these bozos have never read the US Constitution vis-a-vis the "Supremacy Clause". On the other hand calling them bozos is an insult to clowns.

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Greg Cooper 1 year, 1 month ago

Great! Pass this bill, then set up a huge bail fund and contract with a bunch of out of state lawyers to defend the idiots who arrest a federal officer in the conduct of his duty. This is a tremendous way to spend the time, dollars, and political capital of the dingbats who think the United States Constitution does not apply to Kansas Republican Wannabes.

Wow. Just.............wow.

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