Kansas was admitted to statehood in 1861, affirming its commitment to the Second Amendment by adopting Section 4 of the State Bill of rights. It provides for the right to keep and bear arms, for the defense of self, family, home and state. With that right under assault by an overzealous and overreaching federal government, state officials moved in to interpose. On April 16, Gov. Brownback signed “The Second Amendment Protection Act” into law.
The passage and signing of the 2nd Amendment Protection Act represented a huge step in protecting the right to keep and bear arms in Kansas, but local support will play a vital role in the ultimate success of the new Kansas law. The town of Herndon did its part to add another layer of protection for its citizens, passing an ordinance refusing any local cooperation with federal efforts to infringe on the Second Amendment. If other cities, counties and towns follow Herndon’s lead on this, blanketing the entire state with local governments refusing to enforce, federal gun control measures will be rendered toothless throughout the state. Judge Andrew Napolitano affirmed that such widespread noncompliance can make federal laws “nearly impossible to enforce” (video here). Quite simply, the federal government absolutely cannot enforce gun control in Kansas without the help of Kansas.
On May 7, the Honorable Mayor Kenny Chartier, introduced Ordinance # 510 to the city council. The council did not even wait for the presentation of the ordinance before making a motion to adopt. It prohibits any agency or person in the employ of the City of Herndon from enforcing, providing material support for, or participating in any way in the enforcement of any act, law, treaty, order, rule or regulation of federal government regarding personal firearms, firearm accessories, or ammunition with the city limits.
Several county commissions have passed resolutions in support of the Kansas Firearms Freedom Act, but Herndon stands as the first locality to pass a legally binding ordinance. (See the update at the end of the article)
Chartier said his background is deeply rooted in Herndon. His great-great grandparents homesteaded there in 1879.
“Those that oppose taking this action do not understand the Constitution. Our Second Amendment Rights are not negotiable and it is our responsibility to defend these rights.”
The example set by Mayor Chartier and the City Council of Herndon are part of a growing trend in America of folks taking a stand to nullify federal laws by refusing to enforce them at the local level. In Kansas, this movement will prove vital in supporting the recently passed state law. Other cities and counties should follow Herndon’s lead and pass ordinances prohibiting any cooperation with federal agents attempting to enforce acts violating the Second Amendment. These ordinances will add another row of teeth to the state law.
You can read the full text of the Herndon ordinance at the end of this post.
UPDATE: There has been at least one other local government that has passed legally binding legislation: Sedgwick County. In Kansas, a city government’s way of making law is through an ordinance. For cities, resolution are non-binding. However, counties pass law by resolution and its proclamations are non-binding.
This was part of the discussion among the Sedgwick County commissioners when they were debating their resolution. At least one commissioner wanted to change it to a proclamation because a resolution has the effect of being law at the county level. This commissioner felt that it would be redundant didn’t like the idea that a new law was needed to support the Second Amendment when they have already sworn an oath to do so. More here: http://www.kansas.com/2013/04/16/2764474/commissioner-wants-to-change-second.html