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HCR 5006

Proposing a constitutional amendment to amend section 4 of the Kansas bill of rights to recognize the right to bear arms as a fundamental right that includes the possession and use of ammunition, firearm accessories and firearm components, and that any restrictions on such right are subject to the strict scrutiny standard.

2025-2026 Regular Session Introduced by Avery Anderson and 62 co-sponsors

Kansas constitutional amendment enshrines right to bear arms as fundamental, covers ammunition and accessories, and subjects all restrictions to strict scrutiny judicial review.

Died on Calendar
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Bill Summary · HCR 5006

Legislative bill overview

HCR 5006 proposes a constitutional amendment to Kansas's state constitution that would explicitly recognize the right to bear arms as a fundamental right, encompassing ammunition, accessories, and components. The amendment would subject any restrictions on this right to "strict scrutiny"—the highest level of judicial review, making it substantially harder for the state to enforce gun regulations.

Why is this important

This amendment would significantly constrain Kansas's ability to regulate firearms at the state level by requiring courts to apply the strictest constitutional standard. It would effectively lock this interpretation into the state constitution, making future legislative gun restrictions subject to heightened legal challenges and potentially invalidating existing regulations depending on judicial interpretation.

Potential points of contention

  • Scope expansion: The amendment broadly includes ammunition, accessories, and components—not just firearms themselves—which could prohibit regulations on items like high-capacity magazines or specialized ammunition types
  • Strict scrutiny standard: This is the most demanding legal standard; it requires government to prove a compelling state interest and that restrictions are narrowly tailored, making public safety or health regulations difficult to defend
  • Constitutional entrenchment: Embedding this in the state constitution makes it extremely difficult to modify through normal legislative processes, limiting future democratic responsiveness to changing public safety concerns or evidence
  • Interaction with existing law: Uncertainty about how this would affect current Kansas gun regulations and whether courts would retroactively strike down existing restrictions

Compiled from official sources — confirm details with the bill’s official record.

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