Skip to comments.KANSAS TO PROSECUTE FEDERAL AGENTS WHO ENFORCE FEDERAL GUN CONTROL LAWS (Brownback Signs Law)
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 ...
Like the song sorta says, "God bless, Kansas" (and Texas)!
"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.
I’m a graduate of KU. The liberals in lawrence are probably going nuts right now. Good.
Like Rand Paul in the Senate... Brownback seems to be possessed of a SOLID pair!
Thank you, Kansans!
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.
Hopefully more states will follow. If most states do this it will be much harder for the Supreme Court to turn it around.
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.
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
welcome, sorry about sebilious.............
Nothing's the matter,actually!
He was in the running in 2008, but couldn't get enough backing from the GOP leadership. Too conservative.
turn it waaay up !
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.”
If that doesn’t highlight some of the contradictions in the Constitution, I don’t know what does. Wouldn’t it be nice if we put in the bloody time to fix such things?
Of coures they are, but they have been ever since Brownback was elected.
Otherwise, statutes at whatever level do NOT trump the Constitution, treasonous black robes and nazi wannabes notwithstanding.
God grants a birthright to free men .. the Bill of Rights merely sets them to paper.
“Is there a Ft. Sumter in Kansas?”
No, but even better, there is a town of Lexington in KS.
Is there a bridge of some sort ?
Don’t mess with Kansas!