Kansas Senate Passes Constitutional Carry

Gun Watch ^ | 27 February, 2015 | Dean Weingarten

[marktwain]

The Kansas Senate has passed SB 45, the bill that moves Kansas into the constitutional carry status of Arkansas, Arizona, Alaska, Wyoming, and Vermont.  If the bill passes the house and is signed by Governor Brownback, a person who can legally own a firearm and who is 21 or over will be able to carry a firearm concealed without fear of prosecution.   The bill, SB 45 had 26 cosponsors and was introduced by the Majority leader, Terry Bruce, of Hutchinson.  The bill passed with an overwhelming, veto proof, bi-partisan margin of 31 to 7. 

The seven members that voted against the bill were: Faust-Goudeau (D), Francisco(D), Hawk(D), Hensley(D), Holland(D), Pettey(D), and Kay Wolf(R). 

Two Senators McGinn(R) and Schmidt(R) were present but did not vote.

Two Democrat Senators Haley and Kelly, voted for the bill.

Kansas has been in the forefront of restoring second amendment rights for a several years.  In 2010, the state voted to provide greater protection of the right to keep and bear arms in its constitution, with 88% of the vote.  in 2013, Kansas counties were required to do away with gun free zones in public buildings, unless they actually enforced them with metal detectors and armed guards.  In 2013, Kansas reformed their antiquated knife laws.  In 2014, Kansas strengthened its firearms preemption statute, which reinforced open carry rights in the state, and included broad knife preemption law.  The legislature also required that Chief law enforcement officers sign the required forms when people applied to pay the federal tax on short barrelled rifles, shotguns, and gun mufflers.

All of this is quite appropriate, as Kansas is the state where the whole mythology that the second amendment is only a "collective right" that applies to a militia, started.  The Kansas supreme court created the concept out of thin air in1905, as the "Progressive" movement gained cultural power and clout.

Here is what Courthouse News says about SB45: 

Senate Bill 45 repeals the permit requirement to carry a concealed handgun but "leaves all other regulations and the permitting process intact," Stoneking said. "In essence, this bill simply allows for law-abiding citizens, aged 21 and over, to carry a concealed handgun without having to pay the government for permission."
     S.B. 45 is sponsored by a majority of the Republican-controlled Senate and House.

Here is what the  NRAILA has to say about bill:

 Authored by Senate Majority Leader Terry Bruce (R-34), SB 45 recognizes Kansans’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring a Kansas concealed carry handgun license (CCHL).  This is a necessary update to concealed carry in Kansas, allowing law-abiding gun owners the ability to better protect themselves and their loved ones.  In Kansas, it is already legal to carry a firearm openly, as long as the individual is not prohibited by law from possessing a firearm.  However, under current law, if a firearm becomes covered by a coat or if a woman prefers to carry a firearm for self-protection in her purse, he or she would need to possess a CCHL.

The bill is expected to pass the House, which is in recess until March 4th.  Governor Brownback has not said whether he will sign the bill,  but the senate votes are far more than necessary for a veto override.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

Will Governor Brownback sign it? I think so, but I have seen Republican governors back down from the media before.

[lacrew]

Shame on Schmidt for not voting. I will do the same, and choose not to vote for her or her dem opponent next election.

[DoodleDawg]

Will Governor Brownback sign it?

Does a bear poop in the woods?

[DoodleDawg]

...a person who can legally own a firearm and who is 21 or over will be able to carry a firearm concealed without fear of prosecution.

Without the need for a permit how do you know the person who is concealed carrying is legally allowed to own a firearm?

[riverrunner]

Unless he is prohibited person he is.

[DoodleDawg]

Unless he is prohibited person he is.

How do you know he's prohibited or not?

[marktwain]

If you are a police officer, and you have reason to suspect him of a crime, you can check to see if he has a record.

Otherwise, it is innocent until proven guilty.

[DoodleDawg]

Otherwise, it is innocent until proven guilty.

There's a line from a Thorton Wilder play: "Ninty percent of the people are fools, and the rest of us are in danger of contamination." I've found that to be true, and it's the 90 percent who are fools AND concealed carrying that scare me. At least with the permit the state could weed out those who weren't allowed to own a firearm to begin with and it required a certain amount of training before qualifying.

[marktwain]

It has not been a problem in the states mentioned. I think most fools refrain from carrying because they either know they are fools; have already proven themselves irresponsible and are barred from legally carrying; or simply do not want to put up with the difficulty and bother of carryng.

Even without restriction, those carrying are not likely to reach as many as 20 percent of the population.

I understand your concern; but it has not been a problem in those states that have tried it.

[DoodleDawg]

I think most fools refrain from carrying because they either know they are fools; have already proven themselves irresponsible and are barred from legally carrying; or simply do not want to put up with the difficulty and bother of carryng.

I think you're been optimistic on that.

Even without restriction, those carrying are not likely to reach as many as 20 percent of the population.

We'll see.

I understand your concern; but it has not been a problem in those states that have tried it.

Maybe I've had more experience with Jayhawkers than you.

[marktwain]

Maybe so.

[lcms rev]

I live in the state, and in my experience Kansans know their way around guns. Those that are inclined to carry will practice proper gun safety, and those that don’t like guns will probably not even own one.