Legislative declaration.

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(1) The general assembly hereby finds that:

  1. Section 3 of article II of the state constitution, the article referred to as the state billof rights, declares that all persons have certain inalienable rights, which include the right to defend their lives and liberties;

  2. Section 13 of article II of the state constitution protects the fundamental right of aperson to keep and bear arms and implements section 3 of article II of the state constitution;

  3. The general assembly recognizes a duty to protect and defend the fundamental civilrights set forth in paragraphs (a) and (b) of this subsection (1);

  4. There exists a widespread inconsistency among jurisdictions within the state withregard to firearms regulations;

  5. This inconsistency among local government laws regulating lawful firearm possession and ownership has extraterritorial impact on state citizens and the general public by subjecting them to criminal and civil penalties in some jurisdictions for conduct wholly lawful in other jurisdictions;

  6. Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person's residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;

  7. This inconsistency places citizens in the position of not knowing when they may beviolating the local laws and therefore being unable to avoid violating the law and becoming subject to criminal and other penalties.

(2) Based on the findings specified in subsection (1) of this section, the general assembly concludes that:

  1. The regulation of firearms is a matter of statewide concern;

  2. It is necessary to provide statewide laws concerning the possession and ownership ofa firearm to ensure that law-abiding persons are not unfairly placed in the position of unknowingly committing crimes involving firearms.

Source: L. 2003: Entire article added, p. 652, § 2, effective March 18.


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