SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE CONCURRENT
RESOLUTION NO. 5006
As Recommended by House Committee on
Federal and State Affairs
Brief*
HCR 5006, if adopted by a two-thirds majority of each
chamber of the Kansas Legislature and approved by voters,
would amend the Kansas Constitution in Article 4 to classify
the right to bear arms as a natural and fundamental right that
includes the possession and use of ammunition, firearm
accessories, and firearm components, and would require
government restrictions be held to a strict scrutiny standard.
[Note: In Constitutional jurisprudence, strict scrutiny is
the highest level of scrutiny that may be applied to a
challenged law, requiring the government show that the policy
is narrowly tailored to further a compelling government
interest and that the policy is the least restrictive means to
further that interest.]
The resolution requires the following explanatory
statement be printed on the ballot with the text of the
amendment if it is submitted to the voters for their approval:
This amendment recognizes that the right of
the people of Kansas to keep and bear arms
shall not be infringed and clarifies that the right
includes the possession and use of
ammunition, firearm accessories, and firearm
components. This amendment further
recognizes that the right to keep and bear
arms is a natural and fundamental right
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ deserving the highest protection. Any
restriction of the right to keep and bear arms
shall be subject to the strict scrutiny standard.
A vote for this proposition would recognize that
the right of the people of Kansas to keep and
bear arms shall not be infringed and clarify that
the right includes the possession and use of
ammunition, firearm accessories, and firearm
components. Such vote would also recognize
the right to keep and bear arms as a natural
and fundamental right. Any restrictions of such
right would be subject to the strict scrutiny
standard.
A vote against this proposition would make no
changes to the Constitution of the State of
Kansas with respect to the right to keep and
bear arms.
If approved by two-thirds of the Legislature, the text of
the resolution and the yea and nay votes of both the Kansas
House of Representatives and the Kansas Senate would be
published in the journals of both chambers.
The resolution would require the Secretary of State to
publish the resolution and to submit the proposed
constitutional amendment to voters at a special election on
August 4, 2026, to coincide with the date of the 2026 Primary
Election.
Background
The resolution was introduced by Representative
Schmoe and 66 other representatives.
2- 5006 House Committee on Federal and State Affairs
In the House Committee hearing, proponent testimony
was provided by the Attorney General, two representatives of
the Kansas State Rifle Association, the National Shooting
Sports Foundation, Women for Gun Rights, and two private
citizens. The proponents indicated the amendment would
require the highest level of constitutional scrutiny being
applied in future firearms and firearms accessory-related
legal challenges.
Written-only proponent testimony was provided by
representatives of the Heller Foundation, National Rifle
Association, Safari Club International, and three private
citizens.
Opponent testimony was provided by two private
citizens who expressed their concern with applying strict
scrutiny to challenged laws, noting this language may allow
persons previously convicted of a felony to challenge felon-in-
possession laws.
Written-only opponent testimony was provided by
representatives of the American Academy of Pediatrics
Kansas Chapter, Moms Demand Action for Gun Sense in
America, and 30 private citizens.
No other testimony was provided.
Firearms; ammunition; accessories; Kansas Constitution
3- 5006