Kansas Right To Bear Arms; One to Watch

second-amendment1Kansas Right to Bear Arms Question, Constitutional Amendment Question 1 (2010)

By Allen Wilson

The people of Kansas have the right to carry, and shoot firearms, they just don’t have the right to own them according to their courts interpretation in a 1905 ruling. Then the court decided that the right to keep and bear arms was a collective right afforded to militias.

What is noteworthy in this amendment question as the words “ and state “. By adding those two words and upon adoption, the right to keep arms for the purpose of defending the State of Kansas can not be prosecuted on the previous technicality.

I’m asking myself if Kansas is prescient in attending to this detail. Regardless of whether the state legislature, which passed the ballot amendment question by an overwhelming margin, is getting its house in order for any future eventuality or just tending to over due housekeeping the implication is profound. Some predict it will pass by 80% margin, or more.

[Kansas is reciprocal with Florida’s concealed weapons permit]

The Kansas Right to Bear Arms Question, also known as Constitutional Amendment Question 1, will appear on the November 2, 2010 ballot in the state of Kansas as an legislatively-referred constitutional amendment. If the measure is enacted by Kansas voters, it would change the constitution to allow the right to bear arms in the state of Kansas for lawful purposes.

The ballot language that Kansas voters will see on their ballot reads:[3]

“ The purpose of this amendment is to preserve constitutionally the right of a person to keep and bear arms for the defense of self, family, home and state, and for all other lawful purposes, including hunting and recreation.

A vote for this amendment would constitutionally preserve the right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.

A vote against this amendment would provide for no constitutional right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose. “

Constitutional changes

If Kansas voters enact the measure, Section 4 of the Kansas Bill of Rights would read as follows:

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.[4]

The text of Section 4 of the Kansas Bill of Rights currently reads:

The people have the right to bear arms for their defense and security; 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.

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