STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE
RESOLUTION 1023	By: Moore	

AS INTRODUCED

A Resolution declaring support for the recent nullification and interposition of unconstitutional federal gun laws by the State of Kansas; and directing distribution.

WHEREAS, the Kansas Bill of Rights stipulates that all political power is inherent in the people and all free governments are founded on their authority and are instituted for their equal protection and benefit; and
WHEREAS, the Kansas Bill of Rights stipulates that 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; 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; and
WHEREAS, all members of the Kansas House of Representatives and Senate swore an oath before God to support and defend the Kansas Constitution; and
WHEREAS, the Second Amendment of the United States Constitution expressly and specifically prohibits the federal government from regulating the unalienable right to self-defense via bearing arms; and
WHEREAS, the Tenth Amendment of the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the United States Constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861.  The guaranty of those powers is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861; and
WHEREAS, the Ninth Amendment of the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Kansas certain rights as they were understood at the time that Kansas was admitted to statehood in 1861.  The guaranty of those rights is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861; and
WHEREAS, on April 16, 2013, in the highest tradition of statesmanship and in keeping with their oath of office, the duly elected Kansas Legislature and Kansas Governor nullified all federal laws and regulations within the borders of Kansas that are in violation of the Second Amendment of the United States Constitution; and
WHEREAS, nullification has been a useful approach to unconstitutional laws such as the federal REAL ID Act of 2005 which Oklahoma nullified in 2007.  The Wisconsin Supreme Court nullified the Fugitive Slave Acts in 1854, protecting slaves who fled the south and made it to the State of Wisconsin; and
WHEREAS, in the fulfillment of their oaths of office, members of the Oklahoma House of Representatives nullified unconstitutional infringements on the inherent God-given right of the people of Oklahoma to bear arms and the inherent right of the people of Oklahoma to not be forced by the federal government via unconstitutional laws to purchase health care; and
WHEREAS, the Oklahoma House of Representatives commends the people of the State of Kansas, the Kansas Legislature and Kansas Governor Sam Brownback for nullifying and interposing unconstitutional federal laws within its borders.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 54TH OKLAHOMA LEGISLATURE:
THAT the Oklahoma House of Representatives reaffirms its commitment to nullifying and interposing all unconstitutional laws in keeping with the oath of office taken by all members of the Oklahoma House of Representatives.
THAT copies of this resolution be distributed to Sam Brownback, Governor of the State of Kansas, Kris W. Kobach, Secretary of State of Kansas, Susan Wagle, President of the Kansas State Senate and Ray Merrick, Speaker of the Kansas State House of Representatives.

54-1-8026	GRS	05/07/13