SENATE BILL No. 102
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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-