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50-1204. Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce. (a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas.

(b) Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that such component parts are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition.

(c) Firearms accessories that are imported into Kansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Kansas.

History: L. 2013, ch. 100, § 4; April 25.

CASE ANNOTATIONS

1. The government did not actively mislead defendant because Kansas officials and representatives only have the authority to declare Kansas laws and not the authority to construe, interpret or enforce federal laws, such as 26 U.S.C. § 5861, so the affirmative defense of entrapment by estoppel is not supported. U.S. v. Cox, 187 F.Supp.3d 1282, 1286-87 (D. Kan. 2016).

2. The Kansas second amendment protection act does not render the national firearms act unconstitutional. U.S. v. Cox, 235 F.Supp.3d 1221, 1224 (D. Kan. 2017).


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