Kansas 2023-2024 Regular Session

Kansas House Bill HB2442

Introduced
2/22/23  
Refer
2/22/23  

Caption

Creating the Kansas gun rights preservation act to prohibit the infringement of Kansas citizens' constitutional right to keep and bear arms by the federal government.

Impact

The implementation of HB2442 would have significant implications for state laws regarding the possession and regulation of firearms. By empowering Kansas to disregard certain federal laws related to firearms, the bill emphasizes state sovereignty and the rights of its citizens, potentially leading to a legal framework that prioritizes local control over gun rights. This provision may create tension with federal authorities, especially as federal compliance mechanisms would be rendered ineffective within the state. Moreover, the bill permits citizens impacted by enforcement of federal laws to seek legal remedy in state courts, which could lead to a surge in litigation concerning gun rights.

Summary

House Bill 2442, known as the Kansas Gun Rights Preservation Act, seeks to establish state-level authority over the regulation of firearms while prohibiting the federal government from infringing upon the rights of Kansas citizens to keep and bear arms as guaranteed by the Second Amendment of the U.S. Constitution. The bill asserts that any attempts by the federal government to impose regulations, such as taxes or restrictions on firearms, accessories, or ammunition, that are not uniformly applied to other goods and services would be considered unconstitutional within the state of Kansas. HB2442 explicitly rejects the legitimacy of federal statutes that infringe upon citizens' gun rights and declares them unenforceable in Kansas.

Contention

Proponents of the bill argue that it is necessary to protect individual liberties and prevent federal overreach into personal Second Amendment rights. They claim it promotes responsible gun ownership and supports law-abiding citizens against unwarranted federal regulations. Conversely, opponents warn that this measure may not only undermine federal law enforcement efforts but could also lead to complications regarding the enforcement of laws meant to ensure public safety. Legislators against the bill express concerns about the potential for creating a legal void regarding firearm regulations that could have hazardous consequences for law enforcement and community safety.

Companion Bills

No companion bills found.

Previously Filed As

KS HB293

Crimes and offenses; protections against infringements on the right to keep and bear arms; provide

KS HB7

Firearms, Second Amendment Preservation Act, right to keep and bear arms, provided

KS HB176

Relating to protection of the right to keep and bear arms within the State of Texas.

KS HB413

Relating to protection of the right to keep and bear arms within the State of Texas.

KS HB2159

Preserving and protecting the right to keep and bear arms

KS HB3378

Preserving and protecting the right to keep and bear arms

KS HB2446

Preserving and protecting the right to keep and bear arms

KS HB4577

Preserving and protecting the right to keep and bear arms

KS HB2803

Creating the Kansas gun rights preservation act to prohibit the commandeering of state resources to enforce federal gun control against law-abiding citizens.

KS SB98

AN ACT relating to prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency.

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