Phillip
B. JourneySebelius signed Senate Bill 195 into law. The bill takes effect upon the
publication of the statute books on July 1, 2005. When SB-195 takes effect
hundreds of local gun control ordinances will be voided. The prosecution of
general law abiding Kansans for violation of these municipal ordinances will
be stopped. It has been 13 years in the making.
Senate Bill 195 has three main sections. The first section establishes a
fair and equitable process by which firearms can be sold after being
confiscated from their owners for tax or criminal prosecution reasons. It
also allows for the transfer of certain firearms to the Hunter Education
Program, Kansas State Historical Society or law enforcement for research
purposes with credit to the tax obligation of the previous owner. The
second section begins the process for complying with the federal act known
as HR-218 allowing retired law enforcement officers to carry concealed
firearms after their retirement from public service. The third section that
affects every gun owner in the state of Kansas is the pre-emption section
enacted in the bill. The full text of the bill is available at
www.kslegislature.org and the bill language, history and supplementary
documents are available through that web site. One need only put the bill
number in the appropriate box and the various documents will appear on that
web page.
In the successful effort to craft a bill that would be signed by Governor
Sebelius and not vetoed like last years right-to-carry legislation some
accommodation had to be made for the complaints of municipalities and the
League of Municipalities, and, therefore, there are a few limited exceptions
to the sweeping change in Kansas Law that comes with the enactment of
SB-195. The Governor's signature of the bill on April 15, 2005 is due in no
small part to these exceptions which generated the overwhelming support in
the Kansas House of Representatives where it garnered 107 out of 125 votes
and in the Kansas Senate were it received 28 out of 40 votes. Both above
the two-thirds majority required to over ride the governor's veto. In
signing the legislation, Governor Sebelius stated the following:
"I am signing Senate Bill 195 because it simplifies the gun laws in Kansas.
Currently hunters and other law-abiding gun owners traveling across Kansas
may unknowingly violate gun ordinances by simply driving through another
town. Senate Bill 195 solves that problem by requiring many gun laws to be
statewide in scope. Cities and counties will still retain the power to
adopt zoning measures related to firearms and to regulate the carrying of
firearms. In addition, Senate Bill 195 permits law enforcement agencies to
sell or trade seized firearms; retired law enforcement officers to be
trained to carry weapons according to federal law; and local sheriffs to
execute warrants to seize guns from delinquent taxpayers. All of these are
positive steps. I remain concerned about gun safety. I believe Senate Bill
195 will have a positive effect on hunters and other law-abiding Kansans.
This result outweighs the concerns expressed about eliminating local gun
ordinances, which are not uniform. I call on the Legislature to work with
law enforcement officials to explore reasonable statewide standards for
firearms transportation, storage, and possession."
The exceptions that still allow cities and counties to regulate guns are as
follows:
· Local governments may still regulate the possession of firearms;
· Cities and counties may still adopt zoning regulations regarding
federally licensed dealers;
· They may regulate their own law enforcement officers through
municipal regulation and their appropriate use of firearms within the scope
of their law enforcement duties.
Local governments may:
· Prohibit the particular manner of carrying firearms on one's
person;
· Prohibit the carrying of firearms in government facilities such as
courthouses, city halls or detention facilities;
· They have limited authority to regulate the transportation of
firearms in and across their jurisdictions.
Many misunderstood the language of SB-195 believing that it
changed current state law regarding the transportation of firearms within
the state. While the reality is that it simply sets a floor by which no city
may be more restrictive than the established standard which allows the
transportation of an encased, unloaded firearm anywhere in the state of
Kansas. Which will require change in some municipalities' ordinances such
as Kansas City, Kansas. Those ordinances prohibit transporting an unloaded
firearm accessible to anyone in the passenger compartment of a motor
vehicle. Problematic to say the least if one is driving a pick-up truck,
SUV, or van since these vehicles have no trunk to securely place personal
property.
Local governments may no longer exceed state law by ordinance, resolution or
regulation governing the purchase, transfer, ownership, storage or
transportation of firearms, ammunition or their components other than
mentioned above.
Ordinances that violate SB-195's prohibition are null and void on July 1,
2005. It is truly difficult to overstate the significance of this
legislation. Unlike right-to-carry which 5 years after enactment might
actually effect somewhere between 3 and 5 percent of Kansas residents, this
legislation will make Kansas a far friendlier state for all gun owners,
hunters and sportsmen who reside in the state or may visit or just travel
through our state. Kansas is the 45th state to enact pre-emption in the
United States.
While I am not familiar with every cities or counties ordinances or
resolutions, the fact is no one can be, I can review some of those that I am
aware of to show you how SB-195 would strike so many ordinances down that
are in our current crazy patchwork quilt of laws. All waiting periods
enacted by municipalities in the state of Kansas will end. Cities such as
Wichita, Lawrence and Kansas City all have waiting periods requiring the
right to self-defense be delayed to satisfy their liberal predilection. In
the city of Wichita, where I have the greatest experience, all of the
following ordinances and probably some I missed will be voided. The section
prohibiting the possession of a firearm by a minor including long guns and
handguns is substantially broader than state law and will be stricken and
must be rewritten to come into compliance and conformity with current state
law. The section requiring individuals to keep firearms locked up in their
homes will be stricken also.
Further, ordinances for the city of Wichita which will be declared null and
void on July 1, 2005 include a ban on the sale of magazines for handguns and
long guns in the city of Wichita, the tax on the sale of firearms that must
be paid by all sellers not just dealers, the requirement of a background
check on sellers in the city, the excessive restrictions on the purchase of
firearms by many classes of individuals that are currently not prohibited by
federal or state law and so many others in Wichita and around the state that
are either too numerous to mention or, frankly, I am unaware of. I currently
am in the process of setting up meetings with the legal department of the
city of Wichita to review their proposed changes. Make no mistake this
appears to be only the beginning of a new phase in our struggle to protect
freedom. The Kansas League of Municipalities and several city leaders have
vowed to come back to the legislature next year and undo the good work that
we have put in place. While it currently seems nearly impossible for them
to accomplish this goal, they have strong allies. We must all remember that
the price of liberty if eternal vigilance.
Yours truly,
Phillip B. Journey
Kansas State Senate 26th Dist.