SB45, the Kansas constitutional carry bill, has passed the House of representatives with a veto proof margin of 85 to 39. Some technical amendments were added in the House Committee of Federal and State Affairs, so the bill may have to be confirmed in the Senate before it is sent to Governor Brownback.
It is doubtful that there will be any difficulty if a Senate vote is required, as the bill passed the Senate with an overwhelming, veto proof margin of 31 to 7.
If the bill goes to Governor (R) Brownback, this will be the third year in a row that Governor Sam Brownback has been presented with gun law reform legislation. He signed a previous bill in April of 2013 and a year ago in April of 2014.
A constitutional carry bill passed the West Virginia Legislature with large veto proof margins on March 14th, only to be vetoed by Governor (D) Tomblin a day after the legislature adjourned, on March 20th.
In Montana, another constitutional carry bill has made it to the desk of Democrat Governor (D) Bullock, where it currently sits.
A Constitutional carry bill in South Dakota passed the House with veto proof margins, only to be killed in a Senate committee. Another constitutional carry bill had been passed by both the House and Senate in 2012, only to be vetoed by Governor (R) Daugaard.
A Democrat did sign a Constitutional carry bill in Arkansas in 2013, but it appears that Governor Beebe did not realize it when he signed HB 1700 into law as Act 746. Here is a quote from a Democrat web site. From thecabin.net:
Last week Matt DeCample, Beebe’s spokesman, told an online news website that the governor did not interpret the law as allowing citizens to carry firearms openly in public places. “You’re not talking about a legal interpretation. You’re talking about one interested party,” he said.The law actually did much more than that. It eliminated penalties for carrying a firearm unless it was carried with an intent to use it illegally. That is by definition what constitutional carry is.
If it is not against the law, it is legal. That is the heart of the philosophy of
the United States legal system.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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1 comment:
I think this is the very issue in a nut shell. If it is not illegal it is legal. The wording of the second amendment does not make it illegal to carry a fire arm in any fashion. There is no wording in the second amendment that create a question of whether you can carry open or concealed. It merely states we have a right to keep and bare, which is to own and carry. Since we are all first citizens of the United States first and then secondly residents of the state we live in. A state boundary line can not change our federally guaranteed right to carry anywhere in this country, open or concealed. The tenth amendment makes it very clear that states have no authority to change the federal constitution. No state has the right to infringe on our federally guaranteed right to keep and bare arms. Therefore because it is a federally guaranteed right No individual state law can deny that right. Thus it makes any state law an infringement and unconstitutional. For instance, in the state of California constitution it does not have any mention of the second amendment issue. Therefore No delegated authority was ever given to the California state legislature to address the issue to start with. No delegated authority then no authority exists. Not one of the many gun laws in the state of California is valid law. Because the individual states have never been granted the authority to change or modify the federal constitution, No state gun law is valid and therefore there is no need for the BATFE book of state regulations. A state boundary line does not change a persons national citizenship and guaranteed federal rights under the Bill of Rights for all legal citizens of this nation. Ask yourself, could any state outlaw the freedom to practice your Christian Religion of your choice? Absolutely Not. If they have no authority to change your right to freedom of religion then they have no authority to change or modify your right to keep and bare arms. These rights are guaranteed to every citizen no matter where you live in any state. As a matter of legal fact constitutional carry is a guaranteed right to every citizen. No one can be forced to carry but no one can be denied that right anywhere.
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