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Jan. 16, 2018
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Minutes for SB254 - Committee on Federal and State Affairs

Short Title

Exemption from criminal possession of a gun silencer.

Minutes Content for Fri, Jun 2, 2017

Chairperson Estes called the meeting to order and opened the hearing on SB 254.

Matt Sterling provided a briefing on the bill (Attachment 1).  The bill amends K.S.A. 21-6301 concerning the criminal use of a weapon.  The bill would remove state criminal penalties for possession of a silencer manufactured and owned in Kansas and that remained within Kansas, with a retroactive date of April 25, 2013.

Matt Sterling responded to questions from committee members regarding current law and noted that the bill would remove state criminal penalties and would not be subject to federal law, treaty, regulation, executive action including federal firearm or ammunition registration program.  A review of the Second Amendment Protection Act followed.

John Rubin presented testimony as a proponent of the bill (Attachment 2).  This bill would correct an inadvertent drafting oversight, which conflicts with Kansas statutes and federal laws.  He discussed the impact on two families whom believed they were acting legally in good faith reliance under Kansas statutory protections.  He responded to questions from committee members regarding laws pertaining to in-state manufacturing and distribution of suppressors.

Mr. Randy Kettler and Mrs. Kettler presented testimony as a proponent of the bill - no written testimony was provided.

Ed Klumpp presented testimony in a neutral position on the bill (Attachment 3).  He recommended adding provisions contained in HB 2145, which would provide statutory authority for state charges for violations of four existing prohibitions under federal law which cannot be charged under existing state laws.  He responded to questions from committee members regarding HB 2145, and the House State and Federal Affairs committee position on the bill.  He noted that no action was taken and referred to testimony for the hearing on the bill, which is available on the legislative website.

After a short recess, Moriah Day presented testimony as a proponent of the bill (Attachment 4).  In response to questions from committee members, he stated the Kansas State Rifle Association did not have any concerns with the recommended inclusion of language presented by Mr. Klumpp.

Committee members received a copy of the minutes and testimony on HB 2145 from the House Committee on Federal and State Affairs meeting held on February 14, 2017 (Attachment 5).

The Chairperson and committee members thanked the conferees for their presentations.

Chairperson Estes closed the hearing on SB 254.  He stated that upon further review, no further work would be done on the bill, however, work in committee would resume during the FY 2018 session.

The meeting adjourned at 9:50 am.