Concern over Kansas laws

[Charlie_K]

So most residents of the state of Kansas know that last year HB 2033 went into effect, removing any and all restrictions on the carrying and purchasing of knives, and preventing localities from enacting their own.

That's all well and good, but the same degree of preemption was never extended to firearms. Well now there's an attempt to fix that with HB2111. But there's a disturbing passage in the legislation.

http://www.kslegislature.org/li/b2013_14/measures/documents/hb2111_01_0000.pdf

Sec. 2. K.S.A. 2012 Supp. 21-6301 is hereby amended to read as follows:

21-6301. (a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;

(2) possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;

Whereas HB 2033 reads as such: http://www.kslegislature.org/li/b2013_14/measures/documents/hb2033_enrolled.pdf

Sec. 2. K.S.A. 2012 Supp. 21-6301 is hereby amended to read as follows:
21-6301. (a) Criminal use of weapons is knowingly:

(1) Selling, manufacturing, purchasing or possessing any bludgeon, sand club, metal knuckles or throwing star

(2) possessing with intent to use the same unlawfully against another, billy, blackjack, slungshot, dangerous knife, straight-edged
razor, stiletto or any other dangerous or deadly weapon or instrument of
like character

Somebody is attempting to reinstate those onerous restrictions. Well I'm not standing for that, I've already called my representative and did my best to advise them on just how wrong this amendment is. Anybody else in the state should do the same. Trading knife freedoms for gun freedoms isn't an acceptable trade to make.

 

[Critter]

No, not exactly, and in fact, not at all. Sorry, but legislation can be complicated at times and and it's easy to draw the incorrect conclusions if you aren't fully aware of how it all works.

HB 2111 from last year and HB 2033 were being run at the same time so, yes, it would have the language as it existed at the time it was drafted because HB 2033 had not yet been passed and become law. It was and is now the law for Kansas. Last year's HB 2111 is simply laying there and will die at the end of the session. Just how this works sometimes and while I understand it can be confusing, there's nothing to be done for the way this stuff works.

Last year Knife Rights was successful in passing a comprehensive knife law reform act, HB2033, into law in Kansas that both repealed all restrictions on knives in state law and included Knife Law Preemption. On January 10, 2014, the Kansas Attorney General issued a written opinion that HB3033 did not repeal local ordinances enacted BEFORE July 1, 2013. If allowed to stand, that would mean that these previously enacted ordinances more restrictive than state law would remain in force. While Knife Rights disagrees with this opinion and we believe the legislature clearly intended to void all prior local ordinances (as has been the case in all six prior Knife Rights' knife law preemption bills that we have passed).

HB 2473 is this year's bill and deals with both firearms preemption and "overrules" the Attorney General's opinion regarding repeal of existing local regulations more restrictive than state law.

If you have posted elsewhere, please consider deleting those posts. We really don't need folks going off about something that isn't actually an issue. We have plenty to do without fielding more phone calls from upset Kansans. Thanks very much.

 

[Charlie_K]

Thanks for that piece of information. I'll admit the KS legislature site is very confusing to use. I looked up preemption and 2111 came up. Even after looking through about a hundred pages worth of bills and reading their titles, 2473 just didn't stick out. But in situations like this I'm glad when I'm wrong.

 

[Critter]

Thanks for that piece of information. I'll admit the KS legislature site is very confusing to use. I looked up preemption and 2111 came up. Even after looking through about a hundred pages worth of bills and reading their titles, 2473 just didn't stick out. But in situations like this I'm glad when I'm wrong.

Kansas is not alone in having a very difficult to use legislative web site. I guess we shouldn't be surprised...