Last Updated:November 28 @ 05:03 pm

Kansas moves to limit federal restrictions on Second Amendment

By The Wichita Eagle (Wichita, Kan.)

TOPEKA - Kansas authorities would arrest and prosecute any federal authorities trying to regulate or confiscate firearms manufactured and owned in Kansas under a bill discussed by a House panel Tuesday.

Gun-ownership advocates pleaded with members of the Republican-dominated House Federal and State Affairs Committee to approve the bill to protect Kansans from what they see as potentially unconstitutional laws being discussed in Washington.

House Bill 2199 declares that firearms, firearm accessories and ammunition manufactured and owned in Kansas can't be subject to any potential federal laws.

Those trying to regulate Kansas firearms from outside Kansas would be arrested and charged with a felony.

The bill also prevents doctors from asking patients if they have a gun, except for physicians treating someone for a diagnosed mental illness.

About 50 lawmakers, including several Democrats, are sponsoring the bill, assuring its passage out of the committee for a vote in the House, where it is also likely to pass.

At least 15 other states are considering similar actions aimed at preempting federal gun-control laws, such as those that seek to prevent the proliferation of high-capacity magazines.

President Obama has outlined a plan with four major legislative proposals and 23 executive orders to improve enforcement of existing laws and create stricter background checks.

But Patricia Stoneking, president of the Kansas State Rifle Association, said she fears Obama's efforts will go far beyond that and possibly lead to the confiscation of common hunting rifles, including AR-15s, .30-30s and shotguns.

"It's a slippery slope," she said.

Stoneking said the proposed law will open Kansas to new business and jobs in gun manufacturing.

"Making firearms isn't rocket science," she said. "It's been done for a very long time."

Rep. John Rubin, a Republican from Shawnee who took the lead in writing the bill, told a room packed with gun-rights advocates that the bill puts "real teeth" into protecting individual liberties and shows the Second and 10th Amendments are "alive and well in the state of Kansas."

Secretary of State Kris Kobach said there's a good chance the law would be challenged in court and could go to the Supreme Court.

Gun regulations often rely on firearms moving across state lines, giving the federal government authority to regulate, Kobach said. But the state has rights to regulate things made and owned in Kansas, he said.

"Could this potentially result in a legal fight? Yes," he said. "But it is a fight worth having."

The law wouldn't apply to guns that require more than one person to carry and use, weapons that fire projectile explosives or automatic guns that fire multiple bullets with one trigger squeeze.

Lawmakers questioned various ways that the federal government could infringe on gun ownership.

Rep. Ken Corbet, R-Topeka, asked whether President Obama could create new taxes on guns that make owning a weapon prohibitively expensive.

Rubin said he feels there are few things the Obama Administration is unwilling to do. "If they can't get laws passed by Congress, they do try the executive order route," he said.

Derby Republican Rep. Jim Howell said he has concerns about telling a doctor about gun ownership and whether that information would go into a database. He said he's worried that mental health information will become public if doctors note gun ownership.

"If you make that connection, it's a significant disincentive (to get treatment)," he said. "Once that information goes out into society that this person has a mental illness, it will follow that person for the rest of their life."

Kobach noted that a patient can refuse to answer a doctor's question, but he said the state could require healthcare providers to include a note on medical forms that reminds people that they don't have to answer questions about gun ownership.


(c)2013 The Wichita Eagle (Wichita, Kan.)

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  1. 7papa7Comment by 7papa7
    February 20, 2013 @ 2:41 pm

    Way to go Kansas. Maybe you can convince some of these gun manufacturers to come to Kansas where they would be welcome NOT like the contempt they suffer in places like NY. It could help our unemployment rate and it would get gun manufacturers in a very gun friendly state.

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    • gopluvaComment by gopluva
      February 20, 2013 @ 3:07 pm

      Right.One thing though, why put the question from a doctor in the bill.? If you have a gun and a doctor asks you if you have a gun and you dont want the govt to know just tell the doctor you dont have any. Whats the problem?I can hardly wait til May when I see my Dr.If she asks me I will say no. She will never know whether I do or dont. Btw, I dont but the govt doesnt need to be told that.

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      Rating: 4.2/5 (13 votes cast)
  2. DudleyComment by Dudley
    February 20, 2013 @ 2:49 pm

    Sounds like some of these states are getting sick and damn tired of having an over-reaching federal government sticking its nose into every facet of their lives. I applaud you Kansas.

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    • my04301933Comment by my04301933
      February 20, 2013 @ 3:04 pm

      Dudley…that’s because we don’t do anything about them, just “P an Moan”

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      Rating: 4.5/5 (11 votes cast)
  3. gopuc12450Comment by gopuc12450
    February 20, 2013 @ 3:10 pm

    This is absolutely ‘a fight worth having’. To test the resolve of the Citizenry and the fundamentals of the 10th Amendment, as to who controls the government, Bureaucrats/Lobbyist or ‘We the People’.

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    • patriotwithabrainComment by patriotwithabrain
      February 20, 2013 @ 4:20 pm

      “who controls the government, Bureaucrats/Lobbyist or ‘We the People’.”

      The constitution is supposed to restrain the government, but “We the People” don’t have enough fight or brains to uphold that. So what is left is just “We the majority” to control the government, but since the people with no fight have let the education of our society dwindle, the people with no brains have grown to become the majority. Now the majority with no brains are being controlled by every self serving liar that cares nothing of our country. The resolve of the citizenry will fail the test, as it has been ever since it allowed a traitor to this country to lie his way into the president’s office.

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    • rzraickComment by rzraick
      February 20, 2013 @ 9:50 pm

      Yes. The democratic rule of the majority is mob rule. We were founded as a republic so that the rule of law would shape the country, not the mob rule of the majority.

      The majority of Germans wanted Hitler. Being in the majority, does not make you right. The majority cannot vote to break the law.

      The concept that democracy is the best form of government is the greatest deception of the twentieth century. The Constitution is the law. It is there to protect your rights.

      The majority does not have the right to break the law. Period.

      If everyone except one person was to vote and say kill that one person, under the laws of the republic, that persons right to life would still be protected.

      This simple principle is what made us once a great country.

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    • KBBComment by KBB
      February 22, 2013 @ 12:22 am

      “…The resolve of the citizenry will fail the test, as it has been ever since it allowed a traitor to this country to lie his way into the president’s office.”

      Good points, patriotwithabrain. I believe the citizenry lost their resolve because they have to disagree and resist an “historical” “president”. At least I hope this is their excuse. I think, if we ever manage to get rid of this “historical” “president”, the citizenry will resume their resolve and re-discover their guts and return to being unintimidated to speak out against our president.

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  4. teatrooperComment by teatrooper
    February 20, 2013 @ 8:23 pm

    Way to go Kansas!
    Together we must top this out of control Federalism.

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  5. bzzoffComment by bzzoff
    February 21, 2013 @ 1:27 am

    If you haven’t JOINED NRA, then may I suggest that you do so, Post Haste? They need the $$ to protect your GUN RIGHTS. You alone cannot do so other than Write your Congressmen/Senators, State & Federal and we all know that can be like a Fart in a Wind Storm don’t we?

    Now, many States as stated are either doing this or thinking about it. Even if this happens and the States come down and say “HEY, FEDS”, you can’t do this as we won’t allow it. Feds are going to say Fed Law Trumps State Laws. That’s when the REAL FIGHT BEGINS people. That’s where you and I Enter into the “Scope” of things. I am NOT a War Monger. I did my 20+ in the Military, Federal Law Enforcement and other. I am peaceful. Wish to remain so.

    Have you NOT figured out yet that this is NOT the beginning of a Takeover of your Country? This has been coming for a LONGGGGGG Time. People have tried to spread the word. NO ONE WAS LISTENING…………

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  6. boggieComment by boggie
    March 1, 2013 @ 10:46 pm

    Integrity and honor go together. You can’t fight Evil with a Lie. Satan is the Father of all Lies. If you Lie you become his instrument and Evil will prevail. You never have to Lie. One lie begets another so on and so forth. Truth will only prevail. You don’t need to lie. Just keep your mouth closed and refuse to answer them. This is How Christ dealt with those who were trying to trick him. Gun Ownership is a God given Right
    (inalienable)Right because we have the right to an equal means of self protection. Our Forefathers understood this, and Gave us this Protection from Evil in our 2nd Amendment.
    Never succumb to lying to your doctor or anyone. If you feel that telling the truth, but feel as it may be used against you by Evil, then keep your mouth shut and Goodness will prevail. This is the protection of the 5th Amendment given to us by our wise and Honourable forefathers.

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