Bravo for Kansas standing up to the Feds. But I think it won’t work — the Feds will argue that even if the gun was manufactured by a Kansas-resident manufacturer, that gun will contain parts or raw materials manufactured outside of Kansas.
I would be very surprised if the gun manufacturer doesn’t buy at least some raw materials from outside of Kansas.
I would expect a Federal court to rule that therefore, the interstate commerce clause applies.
Worse - Wickard v Filburn.
Any gun purchased in Kansas, made in Kansas, has an effect on interstate commerce because it would have been bought from an out of state manufacturer if it wasn’t bought in Ks.
We can be assured they will come in from another angle altogether...including using agencies to make any fire-arms manufacture “suffer” thru EPA or any other crap they use to close them down.
Wickard v. Filburn perverted the Commerce Clause in a way that would allow a court to declare this law invalid. At some point a state has to say to the feds that we don’t care what you say, we know what the Constitution says. Neither the Supreme Court, Congress or President can tell us that black is white, night is day, and expect us to go along with it because they also tell us they are the final arbiters. We can read. We can let them make legitimate interpretations along the margins, but they cannot rewrite the document, especially when they rewrite it to take away our rights, as opposed to what they have done in the past, which was to create bogus, non-existent rights, like abortion.
Not only that, but the fedguv holds that intrastate commerce which substantially affects interstate commerce can also be regulated.
Scalia really screwed up with Gonzales v Raich. Maybe he’ll have a chance to redeem himself.
Steel and plastic can be made inside Kansas. From Kansas resources.
“Bravo for Kansas standing up to the Feds. But I think it won’t work — the Feds will argue that even if the gun was manufactured by a Kansas-resident manufacturer, that gun will contain parts or raw materials manufactured outside of Kansas.”
Unfortunately we no longer have a single person with the backbone of the Founders to challenge such stupidity coming from an affirmative action lottery winner.
Eventually they we state that the air that was consumed by the workers in the Kansas factory came from another state.
The interstate commerce clause needs to be removed by force if necessary and replaced with something limited to the very few rights assigned to the Federal government.
Or they may decide that its time to retire the ICC because of abuses like the one Holder is committing.
It has been used as a bulldozer on the 9th and 10th amendments for the last 20 years, at least.