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 ...
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.
When this type of legislation is necessary is there any question the Federal government is no longer acting with the consent of the governed?
Shouldn't that be manufactured and/or stored? What about guns legally imported into the state but later declared illegal by the feds?
Translation: "...prevent the State of Kansas from interfering with federal officials attempting to violate the Constitution.
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!
Is there a Ft. Sumter in Kansas?
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???
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.
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.
Good luck, Kansas!
Proud to be a Kansan. Hey holder, ESAD!
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 :)
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.
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....
Ha ha ha ha! Everybody aboard the Nullification Train!
This is as big a deal as the events leading up to Sumpter 1860.
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... ;)
There is precedent: Texas does this with incandescent light bulbs.
I’d love to see another challenge to the Commerce Clause go before the Supremes for Obama can appoint anyone else.
No but there is a Ft. Leavenworth.
Wrong t-shirt but otherwise good man.
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.
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.
“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)
Holder thinks we are no longer part of the United States of America, but the Federal Leviathan of America.
Born and raised in Topeka. You?
Then Kansas should arrest them and take the matter through the courts.
well done kansas. the founders and framers are cheering in heaven. the 9th and the 10th live!
Just a thought. I really don’t know anything else about the guy.
Holder is a criminal who should be ignored by the States.
And until he is challenged in court or politically (both actually) he will push increasingly harder. It’s what libs do.
Confirming that Holder is a Black, Supremacist ....
Haha, Holder has been neutered.
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