Kansas has some of the most permissive gun laws in the country, and last week, the House began debate on a bill that, if passed, would put a constitutional amendment on the ballot to further enshrine gun rights in the state Constitution.
The proposed amendment would change the language of Section 4 of the Kansas Bill of Rights to include possession and use of ammunition, firearm accessories and firearm components as constitutionally protected rights.
It would also add: “The right to keep and bear arms is a natural and fundamental right. This shall not be infringed. Any restriction of such right shall be subject to the strict scrutiny standard.”
In 1905, the Kansas Supreme Court ruled in Salina v. Blaksley that the current language in Section 4 does not protect an individual right to bear arms. In more recent cases, the Court has also rejected arguments that use Section 4 to challenge state and local statutes regulating firearms.
Should the state Constitution be amended, it would only allow the state Legislature to regulate firearms if it furthered a “compelling governmental interest” and was narrowly tailored to achieve that interest.