Kansas proposal to include gun rights in state constitution

[ericire12]

http://www.ottawaherald.com/story/032509gunrights

TOPEKA — A proposed state constitutional amendment favored by gun rights advocates Tuesday targets a century-old court case originating out of Salina.

The Kansas Senate voted 39-1 in favor of a resolution that would clarify that individuals have a right to keep and bear firearms under the Kansas Constitution.

The House is scheduled to debate the proposal today.

Should that chamber also pass the proposed amendment with at least a two-thirds majority, a simple majority of Kansas voters could approve the change in the November 2010 general election.

The proposal springs from a U.S. Supreme Court ruling last year that determined that the U.S. Constitution protects an individual right to gun ownership. The decision came in a case where the court overturned a Washington, D.C. ban on handguns.

But state Sen. Tim Huelskamp, R-Fowler, said gun rights advocates soon learned that the Kansas Supreme Court had a 1905 ruling on the books conflicting with that decision.

That’s a concern, he said, because the U.S. Supreme Court’s ruling came on a narrow 5-4 decision that could be affected by a change in the court’s membership.

“We can no longer wait or hope for the right decision from the judiciary,” Huelskamp said. “Instead, it is time to allow Kansans a voice on this matter by offering this proposed amendment and our citizens will have the final say.”

The Kansas case in question involved a man named James Blaksley, who was convicted of carrying a “revolving pistol in the city of Salina while under the influence of intoxicating liquor,” according to judicial records.

Blaksley asserted that his constitutional rights to keep and bear arms were being violated. But Kansas justices rejected his argument on the grounds that the right to bear arms was a collective right, reserved for militias.

The Kansas Constitution already guarantees that “the people have the right to bear arms for their defense and security.”

But supporters of the amendment, including the National Rifle Association, say the court case shows Kansas hasn’t recognized an individual’s right to gun ownership for more than 100 years.

The proposed amendment would change that by altering the wording in the constitution. It would say that: “A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose.”

Senate Judiciary Committee Chairman Tim Owens, R-Overland Park, said he believed the change would simply put into writing a long-held understanding of what state law should be.

Only Sen. David Haley, D-Kansas City, voted in opposition to the constitutional amendment Tuesday.

He said that while he supports an individual right to gun ownership, he feared the issue could dominate the general election and hurt the chances of candidates who might favor gun control.

“We shouldn’t make the election in 2010 a referendum framed around one issue.” Haley, who unsuccessfully proposed moving the vote to the August 2010 primary, said.

[cooptire]

I emailed my support for this to my senator only to find out that he was a co-sponsor of the bill, voted for it (obviously), and it passed the senate. I also emailed my representative also but I haven't heard back from him as yet. I haven't gone and found out whether it has passed the house as yet. I will do that now.

[cooptire]

Update:

Senate passed the bill. The house seems to have passed over the bill. Sending another email to my local reps now.

Here is a link to a poll being run by the Topeka Capitol Journal. Just in case someone wants to weigh in.   

http://www.cjonline.com/news/legislature/2009-03-25/legislators_seek_gun_amendment

[Hazcat]

94% in favor!

[tumblebug]

Done 94%yes no 1

[Sponsor]

[cooptire]

House has passed it 116 to 9. No it will go to a vote of the people. I hope enough NON-Johnson county, Douglas county voters now show up to vote when this is on the ballot.

BTW, here is the new link to the poll. Currently at 95% in favor.

http://www.cjonline.com/news/legislature/2009-03-25/house_adopts_gun_resolution

[JSC3ATLCSO]

CONGRATS KANSAS!!!  Keep us posted on the vote.

[jaybet]

Nice!!! A potential relocation spot for Maggie and me when we pull the plug!

[fightingquaker13]

Nice!!! A potential relocation spot for Maggie and me when we pull the plug!

You're welcome in Florida IF you can swap houses with another Jersey guy. We've got a strict quota now.
FQ13

[Fatman]

You're welcome in Florida IF you can swap houses with another Jersey guy. We've got a strict quota now.
FQ13

*Snicker*

NY/NJ-ites  are still sneaking in. And voting twice in national elections in some cases.

BTW, I want PA to put the old signs back up that they used to have on the NY/NJ border. "America starts here"