Difference between revisions of "Kansas Right to Bear Arms Question, Constitutional Amendment Question 1 (2010)"

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{{KSConstitution}}{{tnr}}The '''Kansas Right to Bear Arms Question''', also known as '''Constitutional Amendment Question 1''', will appear on the [[Kansas 2010 ballot measures|November 2, 2010 ballot]] in the state of [[Kansas]] as an {{lrcafull}}. If the measure is enacted by Kansas voters, it would change the [[Kansas Constitution|constitution]] to allow the right to bear arms in the state of Kansas for lawful purposes. State [[Kansas Senate|Senator]] [[Mike Petersen]] and [[Tim Huelskamp]] are the sponsors of the proposal. <ref> [http://www.nraila.org/Legislation/Read.aspx?ID=4663 ''NRA-ILA'', "Kansas: State Right to Keep and Bear Arms Amendment Passes House, Will be Placed on 2010 Ballot!", March 27, 2009]</ref><ref> [http://ksraweb.net/ks_legislative.html ''Kansas Legislative Information'', "From Senator Tim Huelskamp on SCR 1611 - Victory in the Senate and the House!", March 26, 2009]</ref><ref> [http://www.kssos.org/other/constitutional_question_english.html ''Kansas Secretary of State'', "Constitutional Questions", Retrieved August 31, 2010]</ref>  
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{{KSConstitution}}{{tnr}}The '''Kansas Right to Bear Arms Question''', also known as '''Constitutional Amendment Question 1''', was on the [[Kansas 2010 ballot measures|November 2, 2010 ballot]] in the state of [[Kansas]] as a {{lrcafull}}. The measure would change the [[Kansas Constitution|constitution]] to allow the right to bear arms in the state of Kansas for lawful purposes. State [[Kansas Senate|Senator]] [[Mike Petersen]] and [[Tim Huelskamp]] were the sponsors of the proposal.<ref> [http://www.nraila.org/Legislation/Read.aspx?ID=4663 ''NRA-ILA'', "Kansas: State Right to Keep and Bear Arms Amendment Passes House, Will be Placed on 2010 Ballot!," March 27, 2009]</ref><ref> [http://ksraweb.net/ks_legislative.html ''Kansas Legislative Information'', "From Senator Tim Huelskamp on SCR 1611 - Victory in the Senate and the House!," March 26, 2009]</ref><ref name=ballot> [http://www.kssos.org/other/constitutional_question_english.html ''Kansas Secretary of State'', "Constitutional Questions," accessed August 31, 2010]</ref>  
  
==Text of amendment==
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==Election results==
 +
:: ''See also: [[2010 ballot measure election results]]''
 +
Official election results for the measure follow:
 +
 
 +
{{Short outcome
 +
| title = Kansas Question 1 (Right to Bear Arms)
 +
| yes = 720,102
 +
| yespct = 88.2
 +
| no = 95,957
 +
| nopct = 11.7
 +
| total = 816,059
 +
| turnoutpct =
 +
| image = {{approved}}
 +
}}
 +
 
 +
Results via the [http://www.kssos.org/elections/10elec/2010_General_Election_Results.pdf Kansas Secretary of State Official Vote Totals].
 +
 
 +
==Text of measure==
 
===Ballot language===
 
===Ballot language===
The ballot language that [[Kansas]] voters will see reads as follows:<ref name=text/>
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The ballot language that [[Kansas]] voters saw on their ballot read as follows:<ref name=ballot/>
  
:The purpose of this amendment is to pre-serve constitutionally the right of a person to keep and bear arms for the defense of self, Family, home and state, and for all other lawful purposes, including hunting and recreation. ‘‘A vote for this amendment would constitutionally preserve the right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose. ‘‘A vote against this amendment would provide for no constitutional right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.’’<ref name=text> [http://www.kslegislature.org/bills/2010/2009_1611.pdf ''Senate Concurrent Resolution No. 1611'']</ref>
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:Explanatory statement. The purpose of this amendment is to preserve constitutionally the right of a person to keep and bear arms for the defense of self, family, home and state, and for all other lawful purposes, including hunting and recreation.
  
===Summary===
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:A vote for this amendment would constitutionally preserve the right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.
The summary of the proposed amendment reads as follows:<ref name=text/>
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:A proposition to amend section 4 of the bill of rights of the constitution of the state of Kansas, relating to the right to bear arms.
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:A vote against this amendment would provide for no constitutional right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.
  
 
===Constitutional changes===
 
===Constitutional changes===
  
If [[Kansas]] voters enact the measure, [[Bill of Rights, Kansas Constitution#Section 4|Section 4]] of the [[Bill of Rights, Kansas Constitution|Kansas Bill of Rights]] would read as follows:<ref name=text/>
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The measure was proposed to amend [[Bill of Rights, Kansas Constitution#Section 4|Section 4]] of the [[Bill of Rights, Kansas Constitution|Kansas Bill of Rights]] would read as follows:
  
::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.<ref> [http://volokh.com/posts/1238042014.shtml ''The Volokh Conspiracy'', "Kansas Right to Keep and Bear Arms Amendment", March 26, 2009]</ref>
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::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.<ref> [http://volokh.com/posts/1238042014.shtml ''The Volokh Conspiracy'', "Kansas Right to Keep and Bear Arms Amendment," March 26, 2009]</ref>
  
 
The text of [[Bill of Rights, Kansas Constitution#Section 4|Section 4]] of the [[Bill of Rights, Kansas Constitution|Kansas Bill of Rights]] currently reads:
 
The text of [[Bill of Rights, Kansas Constitution#Section 4|Section 4]] of the [[Bill of Rights, Kansas Constitution|Kansas Bill of Rights]] currently reads:
Line 23: Line 39:
  
 
==Support==
 
==Support==
Former [[Kansas Senate|Kansas Senator]] [[Todd Tiahrt]] announced his endorsement of the measure, stating, "Our Founding Fathers believed that our right to keep and bear arms was fundamental to our very freedom as a people. I urge Kansans to support the Yes on 1 Ballot Initiative by helping to educate and inform their friends and neighbors about this important vote."<ref> [http://www.americanchronicle.com/articles/view/148489 ''American Chronicle'', "Tiahrt endorses second amendment ballot initiative", March 29, 2010]</ref>
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===Supporters===
 +
* Andrew Gray of the Libertarian Party of Kansas candidate for Kansas Governor announced his endorsement of the measure, stating “I encourage Kansas voters to affirm our state’s commitment to the right to keep and bear arms,and to acknowledge the responsibility of Kansans to treat each other as capable adults and respect the liberty of others by voting in support of this amendment.”<ref> [http://kansasproud.com/?p=606''Kansas Proud'', "Libertarian Governor Candidate Addresses Ballot Questions," October 1, 2010]</ref>
 +
 
 +
* Former [[Kansas Senate|Kansas Senator]] [[Todd Tiahrt]] announced his endorsement of the measure, stating, "Our Founding Fathers believed that our right to keep and bear arms was fundamental to our very freedom as a people. I urge Kansans to support the Yes on 1 Ballot Initiative by helping to educate and inform their friends and neighbors about this important vote."<ref> [http://www.americanchronicle.com/articles/view/148489 ''American Chronicle'', "Tiahrt endorses second amendment ballot initiative," March 29, 2010]</ref>
 +
 
 +
* Patricia Stoneking, President of the Kansas State Rifle Association applauded the endorsement by Tiahrt when she stated, "We are excited and humbled that Todd Tiahrt will help continue to lead the charge for the Second Amendment in the State of Kansas by supporting the Yes on 1 Ballot Initiative."
 +
 
 +
* [[Kansas State Senate|Time Huelskamp]], who sponsored the measure, stated, "It’s just making certain we have an individual, not a collective right to gun ownership in Kansas."<ref> [http://www.kansasreporter.org/68057.aspx ''Kansas Reporter'', "Constitutional ballot questions to leave it up for voters to decide," October 25, 2010]</ref>
 +
 
 +
==Opposition==
 +
===Opponents===
 +
* Paul Helmke, member of the Brady Campaign to Prevent Gun Violence stated about the measure, "The U.S. Supreme Court, in two different decisions over the last two years has determined that the 2nd amendment is applicable to the states. This is completely ridiculous and unnecessary."<ref> [http://politics.blogs.foxnews.com/2010/09/16/second-2nd-amendment-kansas-initiative-would-reaffirm-right-bear-arms ''Fox News'', "A Second 2nd Amendment? Kansas Initiative Would Reaffirm Right to Bear Arms," September 16, 2010]</ref>
 +
 
 +
* Peter Hamm, communications director of the Brady Campaign to Prevent Gun Violence, stated "I think that it's a little bit of a solution in search of a problem, but we're not worked up about it. We don't see that there's a desperate need for a right to keep and bear arms to be protected in the Kansas state constitution, but we basically don't have much of an objection to it."<ref name=guns> [http://www.kansas.com/2010/09/25/1510003/amendment-would-reaffirm-right.html#ixzz143dkARuG ''Kansas.com'', "Amendment would reaffirm right to bear arms in Kansas," September 25, 2010]</ref>
 +
 
 +
* According to reports, the measure didn't stir up much controversy or publicity in the state.<ref name=guns/><ref> [http://cjonline.com/news/state/2010-10-23/little_opposition_to_gun_question ''CJOnline.com'', "Little opposition to gun question," October 23, 2010]</ref>
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==Media endorsements==
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: ''See also: [[Endorsements of Kansas ballot measures, 2010]]''
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===Support===
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* '''The Kansas City Star''' recommended a 'yes' vote on the measure.<ref> [http://www.kansascity.com/2010/10/30/2371975/top-election-picks-for-missouri.html ''Kansas City Star'', "Top election picks for Missouri, Kansas," October 30, 2010]</ref>
  
Patricia Stoneking, President of the Kansas State Rifle Association applauded the endorsement by Tiahrt when she stated, "We are excited and humbled that Todd Tiahrt will help continue to lead the charge for the Second Amendment in the State of Kansas by supporting the Yes on 1 Ballot Initiative."
 
 
==Path to the ballot==
 
==Path to the ballot==
  
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==See also==
 
==See also==
 
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{{submit a link}}
* [[Kansas State Senate]]
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* [[Kansas Legislature]]
* [[Kansas House of Representatives]]
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* [[Kansas 2010 ballot measures]]
 
* [[Kansas 2010 ballot measures]]
 
* [[2010 ballot measures]]
 
* [[2010 ballot measures]]
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==External links==
 
==External links==
 
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* [http://www.kssos.org/other/constitutional_question_english.html Guide to the Kansas 2010 proposed constitutional amendments] prepared by the [[Kansas Secretary of State]]'s office
 
* [http://www.kslegislature.org/legsrv-senate/index.do Kansas Senate Official Website]
 
* [http://www.kslegislature.org/legsrv-senate/index.do Kansas Senate Official Website]
 
* [http://www.kslegislature.org/legsrv-house/index.do Kansas House of Representative Official Website]
 
* [http://www.kslegislature.org/legsrv-house/index.do Kansas House of Representative Official Website]
 
* [http://www.kssos.org/main.html Kansas Secretary of State]
 
* [http://www.kssos.org/main.html Kansas Secretary of State]
 +
 
==Additional reading==  
 
==Additional reading==  
 
* [http://www.thekansan.com/sports/x1336922207/Do-I-really-have-the-right-to-keep-and-bear-arms Do I really have the right to keep and bear arms?]
 
* [http://www.thekansan.com/sports/x1336922207/Do-I-really-have-the-right-to-keep-and-bear-arms Do I really have the right to keep and bear arms?]
 +
* [http://www.winfieldcourier.com/articles/2010/10/26/opinion/editorial/doc4cc7052b7fca1991543707.txt Constitutional Amendment No. 1]
  
 
==References==
 
==References==
<references/>
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{{reflist|2}}
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{{2010 ballot measures}}
 
{{Kansas}}
 
{{Kansas}}
[[Category:Kansas 2010 ballot measures]]
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[[Category:Approved, 2010]]
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[[Category:Kansas 2010 ballot measures, certified]]
 
[[Category:Firearms, Kansas]]
 
[[Category:Firearms, Kansas]]
 
[[Category:Certified, firearms, 2010]]
 
[[Category:Certified, firearms, 2010]]
 
{{certrefca2010}}
 
{{certrefca2010}}

Latest revision as of 07:33, 18 April 2014

Kansas Constitution
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The Kansas Right to Bear Arms Question, also known as Constitutional Amendment Question 1, was on the November 2, 2010 ballot in the state of Kansas as a legislatively-referred constitutional amendment. The measure would change the constitution to allow the right to bear arms in the state of Kansas for lawful purposes. State Senator Mike Petersen and Tim Huelskamp were the sponsors of the proposal.[1][2][3]

Election results

See also: 2010 ballot measure election results

Official election results for the measure follow:

Kansas Question 1 (Right to Bear Arms)
ResultVotesPercentage
Approveda Yes 720,102 88.2%
No95,95711.7%

Results via the Kansas Secretary of State Official Vote Totals.

Text of measure

Ballot language

The ballot language that Kansas voters saw on their ballot read as follows:[3]

Explanatory statement. The purpose of this amendment is to preserve constitutionally the right of a person to keep and bear arms for the defense of self, family, home and state, and for all other lawful purposes, including hunting and recreation.
A vote for this amendment would constitutionally preserve the right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.
A vote against this amendment would provide for no constitutional right of a person to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use, and for any other lawful purpose.

Constitutional changes

The measure was proposed to amend Section 4 of the Kansas Bill of Rights would read as follows:

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.[4]

The text of Section 4 of the Kansas Bill of Rights currently reads:

The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

Support

Supporters

  • Andrew Gray of the Libertarian Party of Kansas candidate for Kansas Governor announced his endorsement of the measure, stating “I encourage Kansas voters to affirm our state’s commitment to the right to keep and bear arms,and to acknowledge the responsibility of Kansans to treat each other as capable adults and respect the liberty of others by voting in support of this amendment.”[5]
  • Former Kansas Senator Todd Tiahrt announced his endorsement of the measure, stating, "Our Founding Fathers believed that our right to keep and bear arms was fundamental to our very freedom as a people. I urge Kansans to support the Yes on 1 Ballot Initiative by helping to educate and inform their friends and neighbors about this important vote."[6]
  • Patricia Stoneking, President of the Kansas State Rifle Association applauded the endorsement by Tiahrt when she stated, "We are excited and humbled that Todd Tiahrt will help continue to lead the charge for the Second Amendment in the State of Kansas by supporting the Yes on 1 Ballot Initiative."
  • Time Huelskamp, who sponsored the measure, stated, "It’s just making certain we have an individual, not a collective right to gun ownership in Kansas."[7]

Opposition

Opponents

  • Paul Helmke, member of the Brady Campaign to Prevent Gun Violence stated about the measure, "The U.S. Supreme Court, in two different decisions over the last two years has determined that the 2nd amendment is applicable to the states. This is completely ridiculous and unnecessary."[8]
  • Peter Hamm, communications director of the Brady Campaign to Prevent Gun Violence, stated "I think that it's a little bit of a solution in search of a problem, but we're not worked up about it. We don't see that there's a desperate need for a right to keep and bear arms to be protected in the Kansas state constitution, but we basically don't have much of an objection to it."[9]
  • According to reports, the measure didn't stir up much controversy or publicity in the state.[9][10]

Media endorsements

See also: Endorsements of Kansas ballot measures, 2010

Support

  • The Kansas City Star recommended a 'yes' vote on the measure.[11]

Path to the ballot

The bill was first introduced in the Kansas State Senate on February 27, 2009, who voted to approve the bill on March 24, 2009 with a vote of 39 to 1. The bill was then sent to the Kansas House of Representatives, who then voted to place the measure on the ballot on March 25, 2009 with a vote of 116 to 9. The bill was then enrolled on April 1, 2009. A 2/3rds vote in both chambers of the Kansas State Legislature is required to refer an amendment to the ballot. Kansas is one of sixteen states that implement this process.[12]

See also

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Suggest a link

External links

Additional reading

References