Kansas governor: It’s OK to ignore federal gun laws

Kansas Is Officially A Banana Republic That Doesn’t Understand The Concept “Federal” = Ignorant
A new law makes it a crime for agents to enforce federal legislation on “Made in Kansas” firearms
Kansas governor: It's OK to ignore federal gun laws
Kansas Gov. Sam Brownback (Credit: AP/John Hanna)
This originally appeared on ProPublica.

As we detailed yesterday, dozens of states are considering bills that attempt to nullify federal gun laws. One such bill became a law last month in Kansas. It exempts “Made in Kansas” guns from federal regulation and makes it a crime for federal agents to enforce federal law.

Attorney General Eric Holder recently wrote to Kansas Gov. Sam Brownback, saying the law is “unconstitutional,” and that the U.S. is prepared to sue Kansas to prevent the state from “interfering with the activities of federal officials.”

Now, Brownback has fired back.

In a letter to Holder yesterday, Brownback wrote: “The people of Kansas have clearly expressed their sovereign will. It is my hope that upon further review, you will see their right to do so.”

Local news reports have highlighted an estimate from Kansas’ attorney general that defending the new law in court could cost the state $225,000 over the next three years. Attorney General Derek Schmidt did not immediately return a request for comment.

“Our office has received more than 300 emails and calls in the last two days from Kansans and Americans from around the country thanking the governor for his response,” Brownback’s spokeswoman, Sherriene Jones-Sontag, wrote in an email. She also cited the many favorable comments on the governor’s Facebook page.

Kansas’ Secretary of State Kris Kobach, who helped draft the new law, also released a response to Holder’s letter. “As a former professor of constitutional law, I ensured that it was drafted to withstand any legal challenge,” he wrote.

“The Obama Administration has repeatedly violated the United States Constitution for the past four-and-a-half-years. That abuse cannot continue.”

Kobach told ProPublica that he does not consider Kansas’ law to be “nullification,” because the law only asserts that federal regulations do not apply to guns that are made in Kansas, and have never crossed the state’s borders.

“Nullification implies that you’re saying the whole federal law is wrong. That was the nullification of the 19th century. We’re not doing that…we’re acting with a scalpel.”

Kobach said he did not craft the legislation with the goal of provoking a legal battle. He said it’s also possible that the Justice Department will “decide that actually their legal position is not as clear as they thought” and back down.

Before the law can be challenged in court, he said, someone will  have to be “directly injured”  — for instance, if the federal government decides to crack down on a Kansas gun manufacturer who decides to start making “Made in Kansas” guns without a federal license.

“We’re a long way from litigation at this point,” Kobach said.

Kansas’ Secretary of State Kris Kobach, who helped draft the new law, also released a response to Holder’s letter. “As a former professor of constitutional law, I ensured that it was drafted to withstand any legal challenge,” he wrote.

“The Obama Administration has repeatedly violated the United States Constitution for the past four-and-a-half-years. That abuse cannot continue.”

Kobach told ProPublica that he does not consider Kansas’ law to be “nullification,” because the law only asserts that federal regulations do not apply to guns that are made in Kansas, and have never crossed the state’s borders.

“Nullification implies that you’re saying the whole federal law is wrong. That was the nullification of the 19th century. We’re not doing that…we’re acting with a scalpel.”

Kobach said he did not craft the legislation with the goal of provoking a legal battle. He said it’s also possible that the Justice Department will “decide that actually their legal position is not as clear as they thought” and back down.

Before the law can be challenged in court, he said, someone will  have to be “directly injured”  — for instance, if the federal government decides to crack down on a Kansas gun manufacturer who decides to start making “Made in Kansas” guns without a federal license.

“We’re a long way from litigation at this point,” Kobach said.

Similar bills nullifying federal gun laws are continuing to advance in at least three other states: LouisianaMissouri, and Alabama. In Alaska, a bill exempting any gun possessed in Alaska from federal law has been approved by the state legislature and is awaiting action from Gov. Sean Parnell. Bills attacking federal gun laws have been introduced in at least 37 states this year.

Many of the bills have caveats. In Kansas, for example, the law specifies that state will not actually arrest federal agents who try to enforce gun regulations.

Bills in other states, including Montana, Wyoming, and Tennessee have attempted to go further. The approved version of Alaska’s bill removed a measure that would have allowed state law enforcement to arrest federal agents for trying to enforce gun laws.

BY 

TOPICS: PROPUBLICAKANSASERIC HOLDERSAM BROWNBACKKRIS KOBACH

http://www.salon.com/2013/05/06/kansas_governor_its_ok_to_ignore_federal_gun_laws_partner/?source=newsletter

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10 thoughts on “Kansas governor: It’s OK to ignore federal gun laws

  1. This Blog Supports Gun Control & Registration In The USA. The American Constitution Is A Secular Document . The Rights & Responsibilities Installed In The Constitution Are Secular & Adaptable To American Society As Needed. That is Why Women Vote, The Voting Age Is 18, And Slavery Was Outlawed By The Thirtheenth Amendment. It Is Now Time To Abolish The Second Amendment. Comments Are Moderated Accordingly. THis article is moderated, as the writer, sadly does not know the definition of the word “Federal” and his response has no relation to the article in question. Thanks for supporting GunControlNowUSA

    1. This Blog Supports Gun Control & Registration In The USA. The American Constitution Is A Secular Document . The Rights & Responsibilities Installed In The Constitution Are Secular & Adaptable To American Society As Needed. That is Why Women Vote, The Voting Age Is 18, And Slavery Was Outlawed By The Thirtheenth Amendment. It Is Now Time To Abolish The Second Amendment. Comments Are Moderated Accordingly.

  2. My heart is aching … Because … Most of the Republican Governors are thumbing their fingers at President Barack Obama’s nose … This is a total disrespect for the office of the president of united states … Intimidation the Obama Administration … is simply intimidating the president as well … The state law does not supersedes the federal law … The Republicans know now … that … The mathematics to win the white house … is going to be on the Democratic side for a very long time … That is the reason … They will fail to co-operate with President Obama and will persistently frustrate the President and his Administration with every opportunity that comes their ways …
    I don’t know … I don’t know … If … this will end … Unless Potus gets some spiritual or some extraordinary power to dictate authority to the Gop … Huummmn … Our tongue is very powerful … and some have have authority attached to their tongues … that whatever they say shall come to pass … I just can’t say much about this now …

  3. I think this is an enevitable extention of the self induced hsyteria the American Right have got themselves into. You would think that after Boston, they would realise the enormous forces that would be ranged against them if they tried to theaten the Union.

    1. The American Right will bend over backwards to create fear, hysteria and the right to banalize weapons, none of which is in the American Constitution. The NRA will be legislated into meaninglessness within a generation.

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