By ASHLEIGH TIDWELL, The Lawrence Journal-World
The House Federal and State Affairs Committee began a two-day hearing Thursday regarding a house bill that would reverse local concealed carry laws in favor of a single statewide concealed carry law.
Also included in House Bill 2473 are regulations amending laws on the criminal use of weapons, a ban on using tax dollars to fund firearm buyback programs and an expungement clause that would allow those convicted under previous concealed carry regulations to clear their records of the crime.
Proponents of the bill say that it would clarify confusion about the laws by providing one set of regulations for residents to abide by.
Earl McIntosh, of the Kansas Libertarian Party, said that with the current regulations “a person could be following the law in one county and be breaking the law in another without even knowing.”
Patricia Stoneking, president of the Kansas Rifle Association, also testified in favor of the bill, saying that people have no idea what the regulations are and points out that most jurisdictions don’t post regulations online, making it difficult for people to learn what the laws are.
Friday, January 31, 2014
Saturday, September 14, 2013
Kansas attorney general joins NRA, 21 other states in challenge of federal handgun restriction
By SCOTT ROTHSCHILD, The Lawrence Journal-World
KANSAS CITY, KAN. — Kansas Attorney General Derek Schmidt has joined 21 other states in a legal brief before the U.S. Supreme Court in support of a challenge by the National Rifle Association against a federal law that restricts the sale of handguns to people between 18 and 20 years old.
"Under current Kansas law, 18- to 20-year-olds may lawfully purchase and possess handguns," said Don Brown, a spokesman for Schmidt.
"There is no rational basis for federal law to prohibit a person of that age, who can lawfully buy a handgun at a garage sale, from purchasing one from a federally licensed firearms dealer where the sale would be subject to a background check," he said.
In dispute is a federal law that bans licensed gun dealers from selling handguns to people under 21.
The law was upheld in 2012 by the Fifth Circuit U.S. Court of Appeals, which said Congress was within its authority to limit gun sales to a specific group.
KANSAS CITY, KAN. — Kansas Attorney General Derek Schmidt has joined 21 other states in a legal brief before the U.S. Supreme Court in support of a challenge by the National Rifle Association against a federal law that restricts the sale of handguns to people between 18 and 20 years old.
"Under current Kansas law, 18- to 20-year-olds may lawfully purchase and possess handguns," said Don Brown, a spokesman for Schmidt.
"There is no rational basis for federal law to prohibit a person of that age, who can lawfully buy a handgun at a garage sale, from purchasing one from a federally licensed firearms dealer where the sale would be subject to a background check," he said.
In dispute is a federal law that bans licensed gun dealers from selling handguns to people under 21.
The law was upheld in 2012 by the Fifth Circuit U.S. Court of Appeals, which said Congress was within its authority to limit gun sales to a specific group.
Friday, May 3, 2013
U.S. Attorney General Holder tells Brownback new gun law is unconstitutional
By SCOTT ROTHSCHILD, The Lawrence Journal-World
U.S. Attorney General Eric Holder told Gov. Sam Brownback that a new Kansas law that criminalizes federal enforcement of gun laws was unconstitutional.
Holder also warned that the federal government “will take all appropriate action including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”
The dispute is over Senate Bill 102, which Brownback signed into law last month. The Second Amendment Protection Act excludes from federal regulation any gun made or owned in Kansas.
It will allow law enforcement in Kansas to charge and convict federal authorities with crimes if they try to enforce action against a Kansas-protected gun.
Holder said in a letter to Brownback, “In purporting to override federal law and to criminalize the official acts of federal officers S.B. 102 directly conflicts with federal law and is therefore unconstitutional.”
Holder said the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Drug Enforcement Administration and U.S. Attorney’s Office for the District of Kansas would continue to enforce federal firearms laws and regulations.
U.S. Attorney General Eric Holder told Gov. Sam Brownback that a new Kansas law that criminalizes federal enforcement of gun laws was unconstitutional.
Holder also warned that the federal government “will take all appropriate action including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”
The dispute is over Senate Bill 102, which Brownback signed into law last month. The Second Amendment Protection Act excludes from federal regulation any gun made or owned in Kansas.
It will allow law enforcement in Kansas to charge and convict federal authorities with crimes if they try to enforce action against a Kansas-protected gun.
Holder said in a letter to Brownback, “In purporting to override federal law and to criminalize the official acts of federal officers S.B. 102 directly conflicts with federal law and is therefore unconstitutional.”
Holder said the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Drug Enforcement Administration and U.S. Attorney’s Office for the District of Kansas would continue to enforce federal firearms laws and regulations.
Friday, April 5, 2013
Gun rights bills on target for final passage
By SCOTT ROTHSCHILD, The Lawrence Journal-World
Two gun-rights measures were nearing final legislative passage on Thursday.
One bill would declare that federal law would have no authority over guns owned or manufactured in Kansas.
As the so-called Second Amendment Protection Act was approved in the House, it would have allowed local law enforcement to arrest any federal authority trying to enforce action against a Kansas-protected gun.
Some legislators said that could lead to dangerous standoffs between Kansas and federal authorities.
Both the Senate and House negotiators agreed to changing that provision to allow locals to serve federal authorities with charges but not physically arrest them.
Two gun-rights measures were nearing final legislative passage on Thursday.
One bill would declare that federal law would have no authority over guns owned or manufactured in Kansas.
As the so-called Second Amendment Protection Act was approved in the House, it would have allowed local law enforcement to arrest any federal authority trying to enforce action against a Kansas-protected gun.
Some legislators said that could lead to dangerous standoffs between Kansas and federal authorities.
Both the Senate and House negotiators agreed to changing that provision to allow locals to serve federal authorities with charges but not physically arrest them.
Friday, February 22, 2013
AG Schmidt asks US Supreme Court to favor Second Amendment rights
News Release
Kansas Attorney General Derek Schmidt has joined attorneys general from 19 other states in asking the US Supreme Court to affirm the Second Amendment rights of citizens who wish to lawfully carry concealed handguns outside their homes.
They attorneys general have asked the Supreme Court to review a lower federal court’s ruling that had upheld the authority of a state to limit the right to keep and bear arms to an individual’s home and also had allowed states to require that a permit application show a reason the permit is needed.
“The Second Amendment clearly protects the rights of our citizens to keep and bear arms, and in 2010 Kansas voters made clear their view that the right to keep and bear arms is an individual right,” Schmidt said. “Legally permitted concealed carry of handguns falls within that right and the Supreme Court should affirm that. This is an opportunity for the Supreme Court to clarify its recent decisions in favor of Second Amendment rights.”
The pending case is Kachalsky v. Cacaces.
The states petitioning the US Supreme Court include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Michigan, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and West Virginia.
Kansas Attorney General Derek Schmidt has joined attorneys general from 19 other states in asking the US Supreme Court to affirm the Second Amendment rights of citizens who wish to lawfully carry concealed handguns outside their homes.
They attorneys general have asked the Supreme Court to review a lower federal court’s ruling that had upheld the authority of a state to limit the right to keep and bear arms to an individual’s home and also had allowed states to require that a permit application show a reason the permit is needed.
“The Second Amendment clearly protects the rights of our citizens to keep and bear arms, and in 2010 Kansas voters made clear their view that the right to keep and bear arms is an individual right,” Schmidt said. “Legally permitted concealed carry of handguns falls within that right and the Supreme Court should affirm that. This is an opportunity for the Supreme Court to clarify its recent decisions in favor of Second Amendment rights.”
The pending case is Kachalsky v. Cacaces.
The states petitioning the US Supreme Court include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Michigan, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and West Virginia.
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