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KANSAS TO PROSECUTE FEDERAL AGENTS WHO ENFORCE FEDERAL GUN CONTROL LAWS (Brownback Signs Law)
Andrew Breitbartīs Big Government ^ | 4 May 2013, 6:55 AM PDT | by JOHN NOLTE

Posted on 05/04/2013 12:24:44 PM PDT by drewh

The Hill reports that Kansas Gov. Sam Brownback just signed into law a statute that "bars the federal government from regulating guns and ammunition manufactured and stored within Kansas state lines."

Moreover, the new law makes it a felony for federal authorities to attempt to enforce federal gun control laws, treaties, or rules related to firearms within Kansas state lines. Federal agents would not be arrested but will be prosecuted on "a complaint-and-summons basis."

Naturally, U.S. Attorney general Eric Holder is furious. Already he has sent a letter to Brownback promising, “The United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing the law.”

Holder cites the Constitution's Supremacy Clause, which gives supremacy to federal laws over state laws. Kansas, however, is citing the Interstate Commerce Clause, "contending that Washington has no right to regulate guns that were made in Kansas and never cross state lines."

The play Kansas is making is to keep its gun business within the state, which they believe nullifies the federal government's legal right to regulate. Guns and ammunition would be manufactured, stored, and sold only in Kansas.

Kansas Attorney General Kris Kobach, a former constitutional law professor, helped to write the law and says that the bill is not symbolic; it was written carefully and with the purpose of surviving a court challenge.

(Excerpt) Read more at breitbart.com ...


TOPICS: Breaking News; Constitution/Conservatism; Extended News; Front Page News; US: Kansas
KEYWORDS: banglist; constitution; doj; donttreadonme; federalism; fubo; fueh; guncontrol; guns; holder; nocompromise; nullification; obama; secondamendment; shallnotbeinfringed; statesrights; youwillnotdisarmus
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1 posted on 05/04/2013 12:24:44 PM PDT by drewh
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To: drewh

Excellent!!!


2 posted on 05/04/2013 12:25:53 PM PDT by madmominct
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To: drewh
sold only in Kansas

I like the idea, but are they really setting themselves up so that the products which are being manufactured in the state cannot be sold out of the state? That seems like a weak business model.

3 posted on 05/04/2013 12:28:30 PM PDT by ClearCase_guy (The ballot box is a sham. Nothing will change until after the war.)
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To: drewh

When this type of legislation is necessary is there any question the Federal government is no longer acting with the consent of the governed?


4 posted on 05/04/2013 12:28:47 PM PDT by PittsburghAfterDark
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To: madmominct
Rock Chalk Jayhawkers!


5 posted on 05/04/2013 12:29:04 PM PDT by drewh
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To: drewh
manufactured and stored within Kansas

Shouldn't that be manufactured and/or stored? What about guns legally imported into the state but later declared illegal by the feds?

6 posted on 05/04/2013 12:29:42 PM PDT by LouAvul (?)
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To: drewh
“The United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing the law.”

Translation: "...prevent the State of Kansas from interfering with federal officials attempting to violate the Constitution.”

7 posted on 05/04/2013 12:31:08 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: drewh

Holder is upset? Well, wait until he discovers that the citizens of the US will ignore him. Talk about an emperor with no clothes, what about an attorney general that people just ignore!


8 posted on 05/04/2013 12:31:22 PM PDT by Cowboy Bob (Democrats: Robbing Peter to buy Paul's vote.)
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To: Cowboy Bob
Sam's warming up the facilities for Holder! :)


9 posted on 05/04/2013 12:33:52 PM PDT by drewh
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To: drewh

Is there a Ft. Sumter in Kansas?


10 posted on 05/04/2013 12:34:26 PM PDT by G Larry (Darkness Hates the Light)
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To: ClearCase_guy

What business model works today in the US-of-Nirvannah with the uncontrolled waaaay-oversized federal gubmint monster taxing and regulating small & medium-sized businesses into oblivion???


11 posted on 05/04/2013 12:35:29 PM PDT by caprock (just askin . . .)
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To: PittsburghAfterDark

How about the regime suing Arizona when it came to illegals? I mean holy cripes! That is treason, flat out blatant treason by the federal government. Assisting a foreign nation to invade the USA? Does it get any worse that that? It’s one thing selling secrets, but to assist a foreign entity to INVADE the country? WTF?? But being that we no longer have a GOP but a RINO party, they get away with it.

http://www.sfexaminer.com/politics/white-house/obama-sues-arizona-over-illegal-immigrant-crackdown


12 posted on 05/04/2013 12:36:51 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: drewh
"Moreover, the new law makes it a felony for federal authorities to attempt to enforce federal gun control laws, treaties, or rules related to firearms within Kansas state lines. Federal agents would not be arrested but will be prosecuted on "a complaint-and-summons basis." "

So if I read this correctly, there won't be any confrontations between Federal agents and state law enforcement. The battle will be between attorneys in court and the subsequent appeal process.

13 posted on 05/04/2013 12:38:13 PM PDT by Truth29
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To: drewh

Good luck, Kansas!


14 posted on 05/04/2013 12:39:00 PM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: drewh

Proud to be a Kansan. Hey holder, ESAD!


15 posted on 05/04/2013 12:39:50 PM PDT by Old Yeller
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To: ClearCase_guy

Presumably, there would be a class of weapons designed for export that would not be protected. I think Montana did this a few years ago, but I’ll have to look that up :)


16 posted on 05/04/2013 12:40:11 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: ClearCase_guy

Kansas’ law prevents feds from enforcing the fed law on stuff made and sold in Kansas - but said fed law is still enforced on interstate stuff.

The law does not interfere with a business model - it is intended to prevent fed laws from being applied inappropriately.

One may still sell interstate but would then be subject to the fed laws.


17 posted on 05/04/2013 12:40:32 PM PDT by Principled
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To: drewh

Air embargo threatened of Texas, Kansas threatening prosecution of federal agents, numerous countries discontinuing use of the dollar for trade, federal informants ambushing and killing federal agents....

Hey, how many people think Morrocco Bomber has BROUGHT US TOGETHER...?

Anyone really paying attention would be OUR OF THEIR MIND if they thought this....


18 posted on 05/04/2013 12:40:52 PM PDT by gaijin
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To: madmominct

Ha ha ha ha! Everybody aboard the Nullification Train!

This is as big a deal as the events leading up to Sumpter 1860.


19 posted on 05/04/2013 12:42:50 PM PDT by mazda77
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To: madmominct

We the people of Arizona have dispatched Sheriff Arpaio to Kansas where your governor will be arrested, taken into custody, returned to AZ, tried, convicted and sentenced to a minimum of 4 years as OUR governor.

Do not resist... ;)


20 posted on 05/04/2013 12:43:07 PM PDT by Norm Lenhart
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To: drewh

There is precedent: Texas does this with incandescent light bulbs.


21 posted on 05/04/2013 12:43:24 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: drewh

I’d love to see another challenge to the Commerce Clause go before the Supremes for Obama can appoint anyone else.


22 posted on 05/04/2013 12:44:02 PM PDT by Twotone (Marte Et Clypeo)
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To: G Larry

No but there is a Ft. Leavenworth.


23 posted on 05/04/2013 12:45:14 PM PDT by vmivol00 (I won't be reconstructed.)
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To: drewh

Wrong t-shirt but otherwise good man.


24 posted on 05/04/2013 12:46:12 PM PDT by Mercat
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To: drewh
Gov. Brownback should ask Mr. Roscoe Filburn for his opinion.


25 posted on 05/04/2013 12:46:22 PM PDT by ProtectOurFreedom
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To: LouAvul

They have to keep everything contained within the state so that the Commerce Clause cannot be cited as the Constitutional authority for the feds to be involved.


26 posted on 05/04/2013 12:47:04 PM PDT by butterdezillion (,)
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To: drewh
It will be very interesting to see how the first case plays out.
Who will acquiesce first?
My guess the feds will use the entire weight of the government and Kansas won't be able to go it alone.
It will take several states to push back.
It's not like they have to care about Muslim sensibilities here, this is the one time 0bama may just decide to show how "strong" he is, by standing up to Americans.
And the press will lap it up.

27 posted on 05/04/2013 12:47:20 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: LouAvul
Shouldn't that be manufactured and/or stored? What about guns legally imported into the state but later declared illegal by the feds?

No. The argument is that a gun manufactured, sold, and owned in Kansas does not qualify as interstate commerce and therefore the federal government cannot regulate it, i.e. pass laws controlling them. A gun manufactured in one state and sold in another does.

28 posted on 05/04/2013 12:47:35 PM PDT by 0.E.O
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To: drewh

“Kansas Attorney General Kris Kobach, a former constitutional law professor, helped to write the law and says that the bill is not symbolic; it was written carefully and with the purpose of surviving a court challenge.”

But...but...but...that cannot be! President Obama is the ULTIMATE constitutional scholor....just ask him!!! :-) (this is intentional sarcasim)


29 posted on 05/04/2013 12:47:59 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: drewh

             

30 posted on 05/04/2013 12:48:39 PM PDT by tomkat
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To: drewh

Holder thinks we are no longer part of the United States of America, but the Federal Leviathan of America.


31 posted on 05/04/2013 12:48:57 PM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: Old Yeller

Born and raised in Topeka. You?


32 posted on 05/04/2013 12:49:17 PM PDT by navymom1
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To: GrandJediMasterYoda
Translation: "...prevent the State of Kansas from interfering with federal officials attempting to violate the Constitution.”

Then Kansas should arrest them and take the matter through the courts.

33 posted on 05/04/2013 12:50:13 PM PDT by 0.E.O
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To: drewh

well done kansas. the founders and framers are cheering in heaven. the 9th and the 10th live!


34 posted on 05/04/2013 12:51:43 PM PDT by dadfly
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To: drewh

Brownback 2016!!!

Just a thought. I really don’t know anything else about the guy.


35 posted on 05/04/2013 12:54:27 PM PDT by InterceptPoint (If I had a tag line this is where you would find it)
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To: drewh

Holder is a criminal who should be ignored by the States.


36 posted on 05/04/2013 12:54:44 PM PDT by jospehm20
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To: jospehm20

And until he is challenged in court or politically (both actually) he will push increasingly harder. It’s what libs do.


37 posted on 05/04/2013 12:58:07 PM PDT by Norm Lenhart
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To: drewh

Confirming that Holder is a Black, Supremacist ....


38 posted on 05/04/2013 1:00:48 PM PDT by mikrofon (His whims are Supreme, but not 2A.)
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To: drewh

Game on!


39 posted on 05/04/2013 1:02:05 PM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: drewh

Haha, Holder has been neutered.


40 posted on 05/04/2013 1:02:20 PM PDT by Viennacon
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To: drewh
Kansas, there you go again! First, with John Brown and now with Kansas Gov. Sam Brownback.

Like the song sorta says, "God bless, Kansas" (and Texas)!

41 posted on 05/04/2013 1:13:29 PM PDT by GBA (Here in the Matrix, life is but a dream.)
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To: 0.E.O
"Shouldn't that be manufactured and/or stored? What about guns legally imported into the state but later declared illegal by the feds? "

"No. The argument is that a gun manufactured, sold, and owned in Kansas does not qualify as interstate commerce and therefore the federal government cannot regulate it, i.e. pass laws controlling them. A gun manufactured in one state and sold in another does. "

As I recall, all the Federal gun laws specifically refer to firearms or parts that have traveled in interstate commerce.

42 posted on 05/04/2013 1:18:00 PM PDT by gatex (NRA, and Gun Owners of America)
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To: drewh

I’m a graduate of KU. The liberals in lawrence are probably going nuts right now. Good.


43 posted on 05/04/2013 1:18:02 PM PDT by Huskrrrr
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To: GBA

Like Rand Paul in the Senate... Brownback seems to be possessed of a SOLID pair!


44 posted on 05/04/2013 1:18:34 PM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it ore leave, and visiting Niagra Fallsmay be too late.)
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45 posted on 05/04/2013 1:23:54 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: drewh

Thank you, Kansans!


46 posted on 05/04/2013 1:29:35 PM PDT by Standing Wolf
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To: ClearCase_guy

The state is just protecting itself. If you want to purchase a firearm from Kansas, move there.

It is not a weak business model if Kansas residents can now purchase their own firearms and ammo within their state....no competition and perhaps more availability for them.


47 posted on 05/04/2013 1:34:39 PM PDT by NoGrayZone (For evil to triumph it is only necessary for good men to do nothing.)
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To: drewh

Hopefully more states will follow. If most states do this it will be much harder for the Supreme Court to turn it around.


48 posted on 05/04/2013 1:34:46 PM PDT by thegrump (The US is not at war with Islam, but Islam sure as H%!! is at war with the US.)
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To: butterdezillion
They have to keep everything contained within the state so that the Commerce Clause cannot be cited as the Constitutional authority for the feds to be involved.

Not so:

Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.

J. Scalia, Raich

____________________________________________________________

Drug warriors cheered at the time.

49 posted on 05/04/2013 1:37:39 PM PDT by Ken H
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To: Sola Veritas

obama has met his nemesis in Kris Kobach, Kobach is way ahead of obama. Kobach drafted Arizona’s illegal immigrant law too, the one that got Holder all exorcised


50 posted on 05/04/2013 1:39:21 PM PDT by yldstrk (My heroes have always been cowboys)
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