HB 2087 HEARINGS BEGIN
Today we had a hearing in the House Federal & State Affairs Committee for a new bill, HB 2087. If the bill passes out of the committee it will go to the full House for a vote and providing it passes that chamber it will then go over to the Senate committee.
HB 2087 is a cleanup measure from HB 2578 passed last year. A measure contained in HB 2578 was intended to protect federally licensed firearms dealers (FFL's), particularly those working from their homes, from being over regulated or prohibited by individual local jurisdictions. FFL's are very strictly regulated by the ATF and shouldn't be further restricted by local jurisdictions. The meat of last year's bill was all about preempting local control and the provision written regarding FFL's was clearly intended to give them the same protection. Unfortunately the wording in that provision didn't accomplish the intended outcome and in fact opened these FFL's up to local jurisdictional control.
As it turns out that provision didn't need to be placed in the bill at all because statute already provided the needed protections. So we're simply asking that the section pertaining to this be repealed and removed from the existing statute. Then adding the words commerce and fee should cover all the bases. Adding the word "fee" was part of today's committee meeting discussion so it will be an amendment when the committee works the bill.
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HB 2074 HEARINGS BEGIN
HB 2074 is a cleanup bill needed to reconcile some issues created in legislation from 2013 and 2014.
In 2013 we decriminalized accidentally going into a building that's posted with the no concealed carry sign. The clear intent was for that decriminalization to apply to both public and private buildings. Unfortunately an important provision that should have been placed in the 2013 bill was missed and a section of K.S.A. 21-6309 was not repealed as it should have been so it left accidentally carrying in a public building as a crime. This bill fixes that.
The other measure in this bill concerns the qualifications for obtaining a concealed carry permit. In 2009 the legislature determined that if someone met the federal and state guidelines for purchasing and possessing a firearm they should be afforded the right to carry the firearm. That measure was supported by both the KSRA and the NRA. To our knowledge there haven't been any incidents that would suggest that was unwise or not restrictive enough. Then in 2014 an ill-advised amendment was placed in HB 2578 and enacted making those qualifications stricter than existing federal or state law. The result was that some citizens who had committed minor crimes as juveniles but had clean records since becoming adults had their concealed carry permit revoked. It also resulted in nullifying the 5 and 10 year forgiveness rules where someone can purchase and possess after those terms expire but could still not obtain a concealed carry permit.
We had some pretty upset members who had their permits revoked. Those folks had taken the time and sustained the expense of obtaining a permit and possessed it for several years without incident. Punishing people who made bad decisions as children doesn't seem fair or logical. And prohibiting carry when purchase and possession is lawful also doesn't seem reasonable. It seems only right to rectify this issue and set the rules back to their pre-July 1, 2014 condition. The qualifiers had been working with no problem for 5 years and we see no reason for that to change. We're asking the legislature to reset these qualifications back to where they belong and restore the right to carry a firearm to those individuals. It is notable that these same individuals have a right to open carry and it seems like an oxymoron to say they can open carry but can't obtain a permit to carry concealed. This bill is supported by the KSRA and the NRA.
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SB 65 Introduced
SB 65 has been introduced in the KS Senate by Senator Forrest Knox. It simply allows public employees (city, county, state) who are allowed to carry in the buildings where they work, to also carry when they are driving a city, county or state owned vehicle or are away from the office performing the duties of their job. It is a needed amendment to our law. I have had a ton of complaints from members about being able to carry when they're in the office but told they cannot carry while in the company vehicle or out in public on the job. KSRA supports this bill.
An initial hearing has not been scheduled for this bill as of yet. I will keep you informed.
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SB 66 Introduced
SB 66 has been introduced in the KS Senate by Senator Forrest Knox. It is a very simple measure. Back in 2013 the AG issued a formal opinion, #2013-014 saying that you could not post just an area or single room of a public building and that if you wanted to post the no CCH signs you had to post the entire building. We have lots of incidents where they don't want to post the entire building but only want to post a courtroom for instance. In fact, one of those situations came up in Senator Knox's district and he was asked by the city (or county, forget which it was) to fix that so they didn't have to post the entire building. It's great that they don't want to post anything but the courtroom on the second floor or whatever so KSRA supports changing the law to allow for a partial posting in those situations. All the rest of the provisions about adequate security still apply for the partial area that is posted.
An initial hearing has not been scheduled for this bill as of yet. We will keep you informed.
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NOTICE OF PUBLIC HEARING
KANSAS DEPARTMENT OF WILDLIFE, PARKS AND TOURISM
A Public Hearing has been scheduled for March 26, 2015 by the Kansas Department of Wildlife, Parks and Tourism.
Read the notice at this link.
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