May 2, 2013

Attorney General Eric Holder
Office of the Attorney General
Washington, DC 20530

Dear Attorney General Holder:

            The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the state’s Second Amendment Protection Act.  

 The right to keep and bear arms is a right that Kansans hold dear.  It is a right enshrined not only in the Second Amendment to the United States Constitution, but also protected by the Kansas Bill of Rights.  The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right.  The people of Kansas are likewise committed to defending the sovereignty of the State of Kansas as guaranteed in the Ninth and Tenth Amendments to the United States Constitution.  

The state’s Second Amendment Protection Act, which expressly restates our commitment to these rights, was approved by wide, bi-partisan margins in the Kansas Legislature.  The measure was adopted by a vote of 35 to 4 in the Kansas Senate with the Democrat Senate Minority Leader supporting the bill.  The measure was adopted by a vote of 96 to 24 in the Kansas House of Representatives.  Again, the Democrat House Minority Leader voted for the bill.  This is not a partisan issue in Kansas.  

The people of Kansas have clearly expressed their sovereign will.  It is my hope that upon further review, you will see their right to do so.

Sincerely,

Sam Brownback
Governor

[Description: State Seal of Kansas]

 

Honesty, commitment and quality

Craftmanship

 

 SENATE BILL No. 102
AN ACT enacting the second amendment protection act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 11, and amendments thereto, may be
cited as the second amendment protection act.
Sec. 2. The legislature declares that the authority for sections 1
through 11, and amendments thereto, is the following:
(a) The tenth amendment to the constitution of the United States
guarantees to the states and their people all powers not granted to the
federal government elsewhere in the constitution and reserves to the state
and people of Kansas certain powers as they were understood at the time
that Kansas was admitted to statehood in 1861. The guaranty of those
powers 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.
(b) The ninth amendment to the constitution of the United States
guarantees to the people rights not granted in the constitution and re-
serves 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.
(c) 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 state-
hood in 1861, and the guaranty of that right is a matter of contract be-
tween 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.
(d) Section 4 of the bill of rights of the constitution of the state of
Kansas clearly secures to Kansas citizens, and prohibits government in-
terference 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.
Sec. 3. As used in sections 1 through 11, and amendments thereto,
the following definitions apply:
(a) ‘‘Borders of Kansas’’ means the boundaries of Kansas described
in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, §
1.
(b) ‘‘Firearms accessories’’ means items that are used in conjunction
with or mounted upon a firearm but are not essential to the basic function
of a firearm, including, but not limited to, telescopic or laser sights, mag-
azines, flash or sound suppressors, collapsible or adjustable stocks and
grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers
and lights for target illumination.
(c) ‘‘Manufacture’’ means to assemble using multiple components to
create a more useful finished product.
Sec. 4. (a) A personal firearm, a firearm accessory or ammunition that
is 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 fed-
eral 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. This section
applies to a firearm, a firearm accessory or ammunition that is manufac-
tured commercially or privately and owned in the state of Kansas.
(b) Component parts are not firearms, firearms accessories or am-
munition, and their importation into Kansas and incorporation into a fire-
arm, a firearm accessory or ammunition manufactured and owned in Kan-
sas does not subject the firearm, firearm accessory or ammunition to
federal regulation. It is declared by the legislature that such component
parts are not firearms, firearms accessories or ammunition and are not
subject to congressional authority to regulate firearms, firearms acces-
SENATE BILL No. 102—page 2
sories and ammunition under interstate commerce as if they were actually
firearms, firearms accessories or ammunition.
(c) Firearms accessories that are imported into Kansas from another
state and that are subject to federal regulation as being in interstate com-
merce do not subject a firearm to federal regulation under interstate
commerce because they are attached to or used in conjunction with a
firearm in Kansas.
Sec. 5. A firearm manufactured in Kansas within the meaning of sec-
tions 1 through 11, and amendments thereto, must have the words ‘‘Made
in Kansas’’ clearly stamped on a central metallic part, such as the receiver
or frame.
Sec. 6. (a) Any act, law, treaty, order, rule or regulation of the gov-
ernment 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.
(b) No official, agent or employee of the state of Kansas, or any po-
litical subdivision thereof, shall enforce or attempt to enforce any act, law,
treaty, order, rule or regulation of the government of the United States
regarding any personal firearm, 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.
Sec. 7. It is unlawful for any official, agent or employee of the gov-
ernment 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 regarding a firearm, a firearm accessory, or ammu-
nition 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 pros-
ecution for a violation of this section shall be commenced by service of
complaint and summons upon such official, agent or employee. Such of-
ficial, 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.
Sec. 8. A county or district attorney, or the attorney general, may
seek injunctive relief in any court of competent jurisdiction to enjoin 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 from enforcing any act, law, treaty, order, rule or regulation
of the government of the United States regarding 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.
Sec. 9. Sections 1 through 11, and amendments thereto, do not apply
to: (a) A firearm that cannot be carried and used by one person;
(b) ammunition with a projectile that explodes using an explosion of
chemical energy after the projectile leaves the firearm; or
(c) other than shotguns, a firearm that discharges two or more pro-
jectiles with one activation of the trigger or other firing device.
Sec. 10. Sections 1 through 11, and amendments thereto, apply to
firearms, firearms accessories and ammunition that are manufactured, as
defined in section 3, and amendments thereto, owned and remain within
the borders of Kansas on and after October 1, 2009.
Sec. 11. If any provision of sections 1 through 10, and amendments
thereto, or the application to any persons or circumstances is held to be
invalid, such invalidity shall not affect the other provisions or application
of sections 1 through 10, and amendments thereto, and to this end the
provisions of section 1 through 10, and amendments thereto, are declared
to be severable.
SENATE BILL No. 102—page 3
Sec. 12. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
Passed the HOUSE
as amended
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
APPROVED
Governor.