March 27th, 2009 04:00 PM
Kansas: moving toward Vermont?
The current Kansas state constitution's second-amendment analogue states "The people have the right to bear arms for their defense and security".
From http://www.davekopel.com/2A/LawRev/W...each.htm#_edn3 : "The Kansas approach to interpreting the Second Amendment was created in dicta from a 1905 Kansas Supreme Court decision, City of Salina v. Blaksley, interpreting the state constitution.  The case arose out of enforcement of an ordinance against carrying concealed weapons. The government, on appeal, simply urged that the ordinance was a reasonable regulation of the right to arms, but the Kansas Supreme Court went much further, and declared that the right to arms protected the state government, not the individual citizen, thereby adopting a "collective rights" theory, meaning the state was not bound to respect it."
Kansas Senate Resolution 1611 has passed and will place a question on the 2010 state ballot for a popular vote. Kansans will vote on whether to replace the current language with "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".
Several states (including CO) have similar text, but with weaseling clauses that state, basically, "except for concealed carry". If KSR 1611 passes, Kansas could become like Vermont regarding the right to carry. Wow!
March 27th, 2009 04:04 PM
It's sad that as much even needs to be stated never mind very specifically detailed. :|
- The Continental Congress
"Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy
"A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing
March 27th, 2009 06:26 PM
As a Kansan, I am glad to see this moving forward. The only quibble I have is with the language, "for the defense of self, family, home and state...." I wish it included "others" between "family" and "home" to make crystal clear that the right extends to the defense of third parties, as well. However, the final bit, "other lawful purpose" probably suffices, since the KS statutes already make the use or threat of deadly force lawful in defense of others in the right circumstances.
Originally Posted by Anubis
Nonetheless--I agree with Janq's sentiment: It's too bad that this is even necessary; our basic, God-given, human RKBA for whatever purpose is not subject to governmental approval, and we should not have to rely on such things as this to protect it.
At least it's a step in the right direction!
March 27th, 2009 10:22 PM
As a current Kansan, I'm pretty happy too. Both of the legislators I talked to were in favor of it. One is a CHL holder.
It's an unfortunate legacy for Kansas that this is the place where the "collective right" argument was first invented. Hopefully this will set the record straight.
When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.
March 28th, 2009 08:24 PM
March 29th, 2009 09:09 AM
They're adopting the "modern" wording of the 2A since weasels tried to interpret it as a "collective" rather than individual right.
I don't see where it would turn Kansas into Vermont carry though, unless I missed something.
"The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
Nunn v. State GA 1848
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