From: The New American
by Bob Adelmann
Late last Friday,
as both houses of the Kansas legislature were winding up its current
session, Senate Bill 102 and House Bill 2199 were
passed overwhelmingly, putting the matter firmly on the desk
of pro-gun
Governor Sam Brownback (shown) for signing. The House passed
its measure 96-24 while the Senate's bill was voted through 35-4.
As both pieces of legislation are identical, no conference was necessary
and the final bill will be on Brownback’s desk this week for signing.
As the votes
were being counted in the Senate, one senator exclaimed: “Passage
of SB 102 means that the Second Amendment and the Tenth Amendment
are alive and well in Kansas!”
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Indeed. Not
only does the bill declare
that “any act, treaty, order, rule or regulation of the government
of the United States which violates the second amendment of the
constitution of the United States is null, void and unenforceable
in the state of Kansas,” it bases its legality on the Second, Ninth,
and 10th Amendments:
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.
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The
ninth [and tenth] amendment[s] to the constitution of the United
States guarantee to the people rights not granted in the constitution
and reserve to the people of Kansas certain rights as they were
understood at the time that Kansas was admitted to statehood in
1861.
The
guaranty of those rights 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.
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The bill is
based on the state constitution of Kansas as well:
Section
4 of the bill of rights of the constitution of the state of Kansas
clearly secures to Kansas citizens, and prohibits government interference
with, the right of individual Kansas citizens to keep and bear arms.
This
constitutional protection is unchanged from the constitution of
the state of Kansas, which was approved by congress and the people
of Kansas, and the right exists as it was understood at the time
that the compact with the United States was agreed upon and adopted
by Kansas in 1859 and the United States in 1861.
The bill has
real teeth, as it expands on its declarations that any of these
federal government intrusions is null and void. It prohibits any
employee of Kansas from helping the federal government to enforce
these intrusions and declares as unlawful any attempts by any federal
government employee to enforce such intrusions, making such efforts
a felony in the state.
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