Kansas Right To Keep And Bear Arms

Kansas Right To Keep And Bear Arms

The Kansas legislature just proposed an amendment to the Kansas Constitution guaranteeing an individual right:

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.

Professor Volokh reports that it passed by overwhelming majorities in both houses of the legislature: "39-1 in the Senate and 116-9 in the House." Since the Kansas Supreme Court in City of Salina v. Blaksley (Kan. 1905) utterly misread the existing provision:

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.

as guaranteeing the right of the legislature to organize a state militia to overturn the legislature (yes, I'm not exaggerating), the Kansas courts have been reluctant to admit that there is an individual right. Professor Volokh thinks this amendment, scheduled for the November 2010 election, will be pass by large majorities. I think he's right.