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05-03-13, 03:33 AM #1
U.S. attorney general says Kansas gun law is unconstitutional
Then go to Kansas and get them buddy.
KANSAS CITY, Kansas (Reuters) - A recently enacted law in Kansas intended to block enforcement of federal gun regulations is unconstitutional, U.S. Attorney General Eric Holder wrote in a letter released on Thursday.
The law, which seeks to keep guns or ammunition from being subject to any federal regulation - as long they are kept in Kansas - directly conflicts with federal law, Holder wrote in the April 26 letter toKansas Governor Sam Brownback.
"Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties," Holder wrote.
The law also bans federal or other agents from enforcing federal regulations in the making or sale of Kansas-made firearms.
Holder said a state "may not criminalize the exercise of federal responsibilities" and that all federal laws remain in effect.
Brownback, a Republican, signed the new law two weeks ago after it won overwhelming support in the state House and Senate. It took effect last week.
In a letter to Holder late Thursday, Brownback said the law has wide public support as well as bipartisan backing in the state legislature.
"The people of Kansas have clearly expressed their sovereign will," Brownback wrote. "It is my hope that upon further review you will see their right to do so."
The chief gun rights lobbyist for the law said Holder's opinion will not go unchallenged.
"We will stand our constitutional ground," said Patricia Stoneking, president of the Kansas State Rifle Association. "The federal government has far exceeded its boundaries for a long time and it is time to rein that in."
U.S. attorney general says Kansas gun law is unconstitutionalDo not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
05-03-13, 03:56 AM #2
Is this really any different than the feds not being allowed to enforce immigration law, or wholesale violating the law by sending weapons to drug cartels via known straw purchases?
05-03-13, 05:38 AM #3
As long as that weapon is made and stays in state it shouldn't
be subject to interstate commerce laws. That is how they are using federal law.
There shouldn't even be a need for this type of law though. Every law of gun control that has been enacted is unconstitutional. If someone is too "dangerous" to own or use a gun then they need to be locked up after due process.'Political Correctness is a doctrine fostered by a
delusional, illogical liberal minority, and rabidly
promoted by an unscrupulous mainstream media, which
holds forth the proposition that it is entirely
possible to pick up a turd by the clean end!'
“A fear of weapons is a sign of retarded sexual and emotional maturity.” Sigmund Freud
05-03-13, 04:45 PM #4
Only the Federal Government can refuse to enforce laws and only Eric Holder can be a gun runner. All others must do what Big Brother, or Big Bertha (Sis) dictate.
05-03-13, 07:40 PM #5
Kansas Secretary of State Kobach Responds to Eric Holder, pretty well rips him a new ahole. Although Holder is such an idiot, he probably doesn't realize it.
Kansas Secretary of State Kobach Responds to Eric Holder“Life is not measured by the number of breaths we take, but by the moments that take our breath away”
05-03-13, 08:14 PM #6
Just as I said.
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