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 ...
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!
Brownback 2016!!!
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 ....
Game on!
Haha, Holder has been neutered.
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