For Immediate Release: April 16, 2013

Kansas Governor Signs Bill Nullifying Federal Violations of the Second Amendment

TOPEKA, Kan. – Kansas Governor Sam Brownback signed the Second Amendment Protection Act Tuesday, nullifying a wide range of federal attacks on the right to keep and bear arms in the state of Kansas.

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.

By definition, state and local agents may not support any acts or actions “null, void and unenforceable in the state of Kansas.” Based on the law’s text, state and local agents cannot participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood when Kansas became a state in 1861.

The bill also bars state and local agents from enforcing or attempting to enforce “any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately and owned in the state of Kansas and that remains within the border.” Any federal agent violating this provision of the act could face felony charges. State prosecutors will serve federal agents violating the law with a complaint and summons.

“Sam Brownback just told Barack Obama, ‘Bring it on!’ The new Kansas law is the strongest and most sweeping defense of the right to keep and bear arms thus far in the entire country,” Tenth Amendment Center executive director Michael Boldin said.

Originally filed by Rep. John Rubin (R-Shawnee) as HB2199, the legislation passed the House 94-29 on March 14. In a procedural move, the Senate amended the bill into SB102 and added language precluding arrest of federal agents until a trial and conviction. The move eased fears of state or local law enforcement officers getting into direct conflicts with federal agents. The House concurred with the changes 96-24, and the Senate gave its final approval 35-4 on April 6.

“This is a huge first step in reigning in federal attempts to nullify the Second Amendment,” Boldin said. “As Judge Andrew Napolitano recently pointed out, such widespread noncompliance can make federal gun control laws ‘nearly impossible to enforce.’ (video here) Mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective.”

For more information on the bill, click HERE.

Contact: Mike Maharrey
Communications director
O: 213.935.0553
[email protected]


The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.

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