The Kansas House took up a bill I have been working on for some time last week and the Governor in a ceremony and press conference in his office signed the bill.
The House engaged in a lengthy debate over SB 45, which I carried on the House floor. The bill would allow the concealed carry of firearms without a permit, commonly referred to as “constitutional carry.”
Current law allows Kansans to carry a gun openly without a license and concealed with a license. This bill is about freedom and liberty. This bill is about trusting Kansans and removing the barrier of having to request permission from their government to exercise a constitutional right. No more tests – No fees – No paperwork – No fingerprints in the government database – No expiration dates on your rights – No license. Just free exercise of the Second Amendment.
Freedom to carry. Permitless carry. Constitutional Carry. Whatever your preference in what you call it. The bill simply allows Kansans 21 and older to carry concealed without a government permission slip. Four other states, Alaska, Vermont, Arizona and Arkansas, all have concealed carry without a license. There are many other reasons to be in favor of SB45 besides the constitutional argument. Open carry has always been legal in Kansas with no permits or training mandates. Many people cannot afford to pay for the class and fees. Financial situation should never prevent someone from exercising a constitutional right. Carrying a gun is a lifestyle and government should trust its citizens. However, personal responsibility shouldn’t have to be a government mandate.
Concerning the questions surrounding training I do not believe that continuing the training mandate would have any effect on public safety. It would only serve as another way to force Kansans to ask permission of their government to exercise their 2nd Amendment right to keep and bear arms. Those pushing for a training requirement do so without data to back up their claims that it would make anyone a more responsible gun user. There is no statistical difference between states that require training and those that do not.
The following states issue concealed carry permits and do not have a training requirement: Alabama, Alaska, Georgia, Indiana, Mississippi, New Hampshire, North Dakota, Pennsylvania, South Dakota and Washington. Kansas has reciprocity with all of those states allowing citizens of those states to carry in Kansas. They are already afforded the ability to exercise their right protected under the Second Amendment without a training mandate while our own citizens are not.
In fact removing the one size fits all mandated government class would free up instructors to offer true firearms proficiency training. Class time could be spent honing skills instead of going over material whose purpose is lecture on lethal use of force so as to absolve the government of its liability in granting a concealed carry permit. The best way to absolve the state of liability is to get the government out of the way and put the responsibility for proficient use of firearms and understanding of the law back on the individual where it belongs.
With the passage of this legislation, only law abiding citizens who are eligible to possess a firearm under federal and state law would be able to carry. Criminals, on the other hand, are already carrying concealed firearms without licenses!
SB45 does not change the current licensing system. There are still many reasons to keep a permit such as reciprocity agreements allowing carry in most other states of the US and being exempt from the NICS background checks. Anytime a bill of this nature comes up the predictions are always the same…Wild West Shootouts! Blood in the streets! They never come true. The data shows that when law abiding citizens are armed, crime rates go down. Constitutional Carry is the next step as Americans regain an uninfringed right to keep and bear arms.
The Founding Fathers made it very clear how important the individual right to own firearms was to the preservation of liberty in America. They felt so strongly about it that the guarantee of this right was put as the Second Amendment in the Bill of Rights. In 2010, Kansans by an incredible 88.2% felt it important to affirm this individual right in the Kansas Constitution. Section IV of the Kansas Bill of Rights says “a person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreation use, and for any other lawful purpose.
Americans have a long history of exercising their constitutionally protected right to keep and bear arms and now is the time to remove the government permission slip. Kansans already have two documents affirming their right to concealed carry: the Constitution of the United States and the Kansas Constitution. That should be all they need.
The House passed SB 45 on Wednesday, March 25th, by a vote of 85-39. I voted yes. Governor Sam Brownback signed the bill into law April 2nd and it takes effect July 1, 2015.
110th District Rep. Travis Landon Couture-Lovelady, R-Palco