Kansas Amends Constitution for RTKBA

**Jackal** · November 13th, 2010, 12:53 AM

We had great success in Kansas on the 2nd. 89% of voters supported the amendment to our constitution to add the following text:

A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose

http://www.ballotpedia.org/wiki/inde...n_1_%282010%29

**andrewjs18** · November 13th, 2010, 12:59 AM

don't EVER allow them to question your rights, either. once they do, you're going down a bad road!

**ehidle** · November 13th, 2010, 08:53 AM

Originally Posted by AMW556

I love it, and they actually GOT IT RIGHT!!!!! I'm so tired about hearing the protection argument guns are for RECREATION and ANY other lawful purpose AMEN FINALLY!!!

I think they almost got it right, but not quite. It would have been better if it contained specific language barring infringement, preempting lower governments, and forbidding any kind if interference with the exercise of the right.

Of course, it'd have to be 30 pages long nowadays to effectively prevent government busybodies from coming up with ways to infringe upon it.

**mrjam2jab** · November 13th, 2010, 11:54 AM

Originally Posted by ehidle

I think they almost got it right, but not quite. It would have been better if it contained specific language barring infringement, preempting lower governments, and forbidding any kind if interference with the exercise of the right.

Of course, it'd have to be 30 pages long nowadays to effectively prevent government busybodies from coming up with ways to infringe upon it.

KS does have preemption...although they need to work on the wording a little bit:

75-7c17: Legislative findings regarding uniform standards for licensing and regulation; certain local ordinances and resolutions inapplicable to licensees; limitations on authority of attorney general; liberal construction of act. (a) The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person's rights. No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed weapons by persons licensed under this act except as provided in subsections (a)(1) and (a)(2) of K.S.A. 2009 Supp. 75-7c11, and amendments thereto. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed weapons by persons licensed under this act except as provided in subsections (a)(1) and (a)(2) of K.S.A. 2009 Supp. 75-7c11, and amendments thereto, shall be null and void.

(b) Prosecution of any person licensed under the personal and family protection act, and amendments thereto, for violating any restrictions on licensees will be done through the district court.

(c) The legislature does not delegate to the attorney general the authority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions of this act pertaining to licensing and training. Subjective or arbitrary actions or rules and regulations which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions beyond those specified in this act are in conflict with the intent of this act and are prohibited.

(d) This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.

**Jackal** · November 13th, 2010, 04:01 PM

Originally Posted by mrjam2jab

KS does have preemption...although they need to work on the wording a little bit:

I'll have to look into this because some counties/towns have restrictions on carrying, but I think it might be on open carry only. However, I do recall seeing some information about carrying in a vehicle, which is technically still carrying, so that could be a violation of preemption.

Full text of section 4 to the bill of rights now reads:
A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.