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Minutes for HB2803 - Committee on Federal and State Affairs
Short Title
Creating the Kansas gun rights preservation act to prohibit the commandeering of state resources to enforce federal gun control against law-abiding citizens.
Minutes Content for Thu, Mar 7, 2024
Chairperson Carpenter opened the hearing on HB2803.
The revisor gave an overview of the bill (Attachment 2).
Representative Highberger requested information from the Research Department regarding the Missouri case.
The Chair stated that since there are a large number of conferees on both sides, each person's time will be limited to two minutes. If any conferee wants to give a portion of their time to another conferee, they can do so.
Chairperson Carpenter recognized Representative Houser who testified in support of HB2803 (Attachment 3). He stated that this bill is constitutional and the Tenth Amendment is part of the Constitution's Bill of Rights. He deferred his time to Jered Taylor.
Representative Schmoe spoke in favor of HB2803 (Attachment 4). She stated that this bill states that any rules and regulations put forth by a taxpayer-funded bureaucracy and that have not gone through the legislative process as outlined in the United States Constitution will not be enforced on law-abiding citizens and responsible gun owners.
The Chair recognized Moriah Day as a proponent on behalf of the Kansas State Rifle Association (Attachment 5). He stated that there are many examples today of federal agencies going beyond its rightful authority against law-abiding citizens. HB2803 is not aimed at preventing state or local agencies from working with federal authorities to prosecute real criminals charged with real crimes. It simply gives Kansas law enforcement agencies a clear boundary and makes it known that our state does not tolerate abuses of power against firearm owners by the federal government and will not spend our taxpayer dollars to assist in targeting law-abiding Kansans.
Jered Micah Taylor was recognized by the Chair. He spoke on behalf of the American Firearms Association in support of HB2803 (Attachment 6). He gave the history of the anti-commandeering doctrine, which this legislation is based upon. He stated this bill does not violate the Supremacy Clause. It simply directs our resources what they can and can't do. It does not tell federal law enforcement what they can and cannot do in the state of Kansas. He went over the Missouri law and compared it with HB2803.
The Chair recognized Diana Muller as a proponent of HB2803 (Attachment 7). She stated that liberal policies of defunding the police and criminal justice reform that only embolden criminals have exponentially increased the violence in our country. Gun control policies are proven failures. As a woman, she knows she is safer with a firearm. She supports HB2803.
John Axtell stated that he supports HB2803 (Attachment 8). He stated that he is giving the rest of his time to Mr. Taylor.
The Chair recognized Daniel Chase who stated that he will rely on his written testimony and give his time to Mr. Taylor (Attachment 9).
Robert Wood was recognized by the Chair as a proponent on HB2803 (Attachment 10). He stated that this bill allows our local county and state law enforcement to concentrate on catching the bad guys and serving their communities instead of chasing law-abiding Kansas gun owners who have an item or accessory of a firearm. The bill protects law-abiding Kansas gun owners. Our law enforcement agencies are understaffed and underfunded. They are having a hard time keeping up with the increasing demands that are being made on them from real criminal threats going on all around us. This is a model bill that's been called golden standard legislation. It has been passed and heard in many states. He asked the Committee to pass HB2803.
The Chair allowed Jered Taylor to speak again to the Committee using the time given to him by the other proponent conferees. Many questions were asked by various members of the Committee.
Chairperson Carpenter directed the Committee's attention to the written proponent testimony of Bret Anderson (Attachment 11); Glen Burdue (Attachment 12); Andrew J. Cross (Attachment 13); Debbie Detmer (Attachment 14); Dale Enyart (Attachment 15); Emily Hamburg (Attachment 16); Jaime Kissinger (Attachment 17); Attorney General Kris Kobach (Attachment 18); Richard Mack (Attachment 19); Michael Maharrey, Tenth Amendment Center (Attachment 20); Jannel Munk (Attachment 21); Jill O'Connor (Attachment 22); Aubrey Omanson (Attachment 23); Benjamin Pincock (Attachment 24); Representative Samantha Poetter-Parshall (Attachment 25); Mark Powls (Attachment 26); Beth Salmans (Attachment 27); Eugenia Spady (Attachment 28); and Robin Wood (Attachment 29).
Chairperson Carpenter recognized Sheriff Jeff Easter who spoke as an opponent on behalf of the Kansas Sheriffs Association to HB2803 (Attachment 30). He stated that the bill holds unintended consequences that will negatively impact law enforcement's ability to utilize all existing resources to protect the public safety and conduct investigations of violent crimes. He stated this bill also lays the burden of federal overreach on Kansas law enforcement officers and their agencies. He requested that they not move this bill forward.
Lt. Braden Moore spoke on behalf of the Kansas Peace Officers Association as an opponent to HB2803 .(Attachment 31). He stated that Section 2 of the bill prohibits participating in any way in federal enforcement of a firearm law using their access, in whole or in part, for federal enforcement. His association doesn't agree with federal overreach in creating laws or defining new acts that purport to become enforceable violations by bypassing the legislative process. This bill lays all the burden of that on Kansas law enforcement's ability to use all available tools to investigate crimes committed with firearms against Kansas citizens and those visiting Kansas.
Chief Darrell Atteberry spoke on behalf of the Kansas Association of Chiefs of Police (Attachment 32). He stated that they have concerns about some parts of HB2803. Some of it is vague and unclear. He stated the penalties are extreme and unnecessary. The $50,000 penalty is per employee and is applied on each occurrence, which is further described with respect to a firearm, firearm accessory or container or ammunition as separate occurrences. Such penalties can only be designed to intimidate local law enforcement from ever contacting federal law enforcement for a firearms violation because the cost of these penalties would be so high they would bankrupt many cities and counties in the state.
Chairperson Carpenter recognized Col. Erik Smith, Kansas Highway Patrol (KHP), as an opponent to HB2803 (Attachment 33). He stated that the area where this bill seeks to push back against federal overreach hampers city, county and state law enforcement. HB2803 is excessively broad and the penalties are severe for partnering with federal law enforcement. It ultimately decreases the safety of Kansans by prohibiting the KHP and others like it from using every possible resource to combat crime.
The Chair recognized Bob Stuart, Kansas Bureau of Investigation (KBI), in opposition to HB2803 (Attachment 34). He stated that this bill misunderstands the complicated nature of federal and state cooperative law enforcement opportunities and investigations. It inappropriately puts the liability on state law enforcement. The KBI believes this bill will unnecessarily strain law enforcement cooperative efforts which may endanger the public while concurrently raising the likelihood of inappropriate agency liability.
Grace Springer was recognized by the Chair as an opponent to HB2803 (Attachment 35). She spoke about her experience when a shooter entered her school.
Laura Stratton spoke on behalf of Moms Demand Action for Gun Sense in America in opposition to HB2803 (Attachment 36). She stated that this bill will only undermine and distract law enforcement in their efforts to keep people safe.
The Chairman opened the floor for questions of the opponent conferees by the Committee. Many questions were asked by various Committee members.
Chairperson Carpenter noted that there was written opponent testimony from Kendra Ansley (Attachment 37); Sara Askew (Attachment 38); Jaclyn Baker (Attachment 39); Mary Leanna Barclay (Attachment 40); Angela Beck (Attachment 41); Lori Bennett, Moms for Kansas (Attachment 42); Andrew Blackton (Attachment 43); Kristen Blackton (Attachment 44); Kelly Dean Brende (Attachment 45); Jan Brunks, Grandparents for Gun Safety (Attachment 46); Kellie Bubeck (Attachment 47); Amy Carter (Attachment 48); David Carttar, Moms Demand Action for Gun Sense in America (Kansas Chapter) (Attachment 49); Linda Collier, J.D.(Attachment 50); Colleen Cunningham (Attachment 51); Michael DeMent (Attachment 52); Catherine Rose Dolan (Attachment 53); Leah Fliter, Kansas Association of School Boards (Attachment 54); Carol Gee (Attachment 55); Danielle Giaria (Attachment 56); Timothy Graham, Kansas NEA (Attachment 57); Lynn G. Hardy, Protect the Kingdom Kansas (Attachment 58); Sadie Heckerson (Attachment 59); Jory Hennelly (Attachment 60); Steven Hennelly (Attachment 61); Veronica Holtz (Attachment 62); Gregory Howard (Attachment 63); Hannah Howard (Attachment 64); Sandra Katz-Sherry (Attachment 65); Eileen Knoblauch (Attachment 66); Ted Lischer (Attachment 67); Robyn Love (Attachment 68); Leslie Mark (Attachment 69); Lisa McGahey Veglahn (Attachment 70); Suni Michaelson (Attachment 71); Amy Moore (Attachment 72); Adrienne Newlin (Attachment 73); Corinne Nilsen (Attachment 74); Annie Noll (Attachment 75); Claudia Olea (Attachment 76); Laura Peacock-Whiteside (Attachment 77); Senator Pat Pettey (Attachment 78); Melissa Reichmeier, Moms Demand Action for Gun Sense in America (Attachment 79; Moti Rieber, Kansas Interfaith Action (Attachment 80); Byron Roberson, Prairie Village Police Department (Attachment 81); Liby Roepe (Attachment 82); Carrie Schuenemeyer (Attachment 83); Janelle Stamm (Attachment 84); Tiffany Stepien (Attachment 85); Holly Tilden (Attachment 86); Deborah Turner (Attachment 87); Dave Webster (Attachment 88); Lindsay Weiss (Attachment 89); Bryan Wheeles, Chief of Police, Topeka (Attachment 90); Tara White (Attachment 91); and Karen Wycoff (Attachment 92).
Chairperson Carpenter closed the hearing on HB2803.
The meeting was adjourned at 10:28 a.m.
