Kansas law enforcement condemn measure to block them from enforcing federal gun laws

Facing severe pushback from nearly every major law enforcement group in Kansas, state lawmakers on Thursday considered a bill that would bar state and local law enforcement from helping federal agencies enforce federal gun laws.

The proposal bears similarities to a Missouri law, the Second Amendment Preservation Act, which declares some federal gun laws “invalid” and has been tied up in court.

The Kansas proposal doesn’t declare federal law invalid. But it would block Kansas police from cooperating with federal authorities to enforce U.S. gun laws against “law-abiding citizens” and could lead to a $50,000 fine per offense and per officer involved for any violation of that policy.

Gun rights advocates frame the bill as a common-sense measure to prevent federal authorities from taking away weapons based on reinterpretation of federal law by bureaucratic agencies. Rep. Michael Houser, a Cherokee Republican who introduced the bill, referenced a federal Bureau of Alcohol, Tobacco, Firearms and Explosives rule that in some cases bars pistol braces, a gun attachment Houser owns.

Rep. Rebecca Schmoe, an Ottawa Republican, said the bill was an important way for lawmakers to protect 2nd Amendment rights.

“We should never put our sheriffs between unconstitutional laws and responsible gun owners,” Schmoe said.

But police across the state – including leaders in the Kansas Highway Patrol and Kansas Bureau of Investigation – said the bill would instead severely hinder their ability to partner with federal agencies and investigate crimes involving guns.

“The area where this bill seeks to push back on federal overreach in this case simply hampers law enforcement,” said Erik Smith, the KHP superintendent who spent decades in federal law enforcement agencies.

Bob Stuart, executive officer at the KBI, said the proposal would put existing partnerships between the agency and federal law enforcement aimed at combating fentanyl trafficking within the state.

But Kansas Attorney General Kris Kobach, speaking to The Star earlier this week, said he didn’t believe the bill would interfere with existing corporations with federal law enforcement.

“It would be a very rare instance in which a state law enforcement agency would be tasked with enforcing a federal gun law here,” said Kobach, who submitted written testimony supporting the bill as an important protection of gun rights.

The bill defines a law-abiding citizen as anyone not barred from owning a gun. As a result, Smith and other police said, this bill would prevent police from even calling federal authorities for help investigating a crime if a gun is involved. Even if someone is suspected of a violent crime, they noted, that perpetrator would be considered a law-abiding citizen because they had not yet been convicted.

“Almost every major mass shooting in this country in the last 20 years has been committed by a person who was a law-abiding citizen until they started shooting other law-abiding citizens,” said Rep. Boog Highberger, a Lawrence Democrat.

Jered Taylor, a former Missouri Republican lawmaker who championed that state’s bill nullifying federal gun laws, insisted law enforcement concerns were overblown.

“It doesn’t prevent law enforcement from enforcing current laws, any law in the state of Kansas,” Taylor said, responding to a question about whether police would have been able to seek federal help in an instance similar to the shooting at the Kansas City Chiefs parade last month.

“Clearly that person committed murder and other crimes against a person so they would be able to do their investigation.”

The proposal is unlikely to move in the Legislature this year. Rep. Will Carpenter, a Butler Republican and chair of the House Federal and State Affairs Committee, said he had no plans to move the bill forward, citing the concerns of law enforcement.

But, just weeks after dozens were injured in a shooting at the Kansas City Chiefs Super Bowl victory parade, Rep. Jo Ella Hoye, a Lenexa Democrat, said she was frustrated the bill was even being considered.

“My family and a number of my colleagues were at the parade and we’re still recovering from that, and they’re saying we should weaken gun laws in the wake of this tragedy,” she said.

Following the House hearing Thursday, Kansas Senate Democrats announced a separate slate of bills to offer gun control. The proposals include mandatory background checks, safe storage laws, requiring a license to carry a concealed handgun and barring those under 21 from purchasing semi-automatic rifles.

In a press release announcing the bills, Senate Minority Leader Dinah Sykes, a Lenexa Democrat, acknowledged they’re unlikely to move in the GOP-controlled Legislature.

“Unfortunately, we have a do-nothing Republican Senate that has delivered no meaningful progress on gun safety legislation after the Chiefs parade shooting,” she said. “With this legislative package, we’re answering Kansans’ call for common sense gun safety reform by putting safeguards in place to help keep dangerous weapons from falling into the wrong hands.”

The Star’s Jenna Barackman contributed to this report.