Kansas to Nullify Gun Control

[Riot]

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

http://blog.tenthamendmentcenter.co...s-in-letter-on-gun-control-nullification-law/

Eric Holder Responds...

"In purporting to override federal law and to criminalize the official acts of federal officers, SB102 directly conflicts with federal law and is therefore unconstitutional."

He continued, "Under the Supremacy Clause…Kansas may not prevent federal employees and officials from carrying out their official responsibilities. And a state certainly may not criminalize the exercise of federal responsibilities. Because SB102 conflicts with federal firearms laws and regulations, federal law supercedes this new statute; all provisions of federal laws and their implementing regulations therefore continue to apply."

Looks like not every state is rolling over like CT

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[Bacchus]

Good news. This is no different than a state that decides to nullify any other infringement to a Constitutional right, such as free speech or freedom of the press.

I'm proud of Kansas.

 

[Jablunty]

Wasn't Missouri doing the same thing. I wonder what happened with that?

 

[Riot]

Wasn't Missouri doing the same thing. I wonder what happened with that?

Your post was the first I heard of Missouri doing this...I just heard about Kansas doing the above the other day.

http://www.foxnews.com/politics/201...aimed-at-nullifying-federal-gun-control-laws/

Missouri would refuse to enforce past, present and future federal gun control laws that are deemed to be infringements on gun rights, and residents would have the right to sue law enforcement for enforcing such laws.

Missouri Republicans began pursuing a gun law nullification bill after President Obama called for expanded background checks and an assault weapons ban...

Nearly ten states have passed some form of legislation attempting to limit federal regulation of firearms within their border.

Missouri's bill contains several other gun rights provisions, including lowering the minimum age to get a concealed weapons permit and allowing designated school personnel to carry firearms in buildings.

However...

...the [Missouri] governor has reiterated his opposition this year to any measures that attempt to invalidate federal laws. He described them as "protest votes" that could make it harder for federal officers to do their jobs.

Sounds like typical re-election stuff...I remember a lot of talk a few years back about states threatening to involk the 10th Amendment and breaking free of the US. Never going to happen without a shot fired. This isn't conjecture, I honestly believe none of us will ever see the state of Jefferson or any other seperation from the US without an armed posture...this is all just politics throwing around bills that get a lot of press and not a lot of results while money and rights get swapped and signed off on other provisions without a peep.

 

[8ball]

Unfortunately the Firearms Freedom Acts are really just protest votes. Most of the expert opinion I've read, even from pro 2A attorneys indicates they have very little chance of succeeding.

The FFA movement started in Montana, and the Montana Shooting Sports Association has been in a lawsuit with the feds for five years now which has lost at each stage and gotten nowhere. I believe they are waiting for the Supreme Court to grant or deny cert at this point. But the Supremes would have to readdress a number of Commerce Clause issues for the FFA to have the intended effect.

You can read the whole sad story at http://firearmsfreedomact.com/montana-lawsuit-updates/

Personally I think pro-gun lawmakers could pass far more useful bills than grandstanding with this sort of bill.

The fact that five, ten or even fifty states might pass them doesn't make a lot of difference. Personally I don't see the feds giving up control of firearms any more than they will give up control of drugs.

I hope some poor gun owner doesn't end up in federal prison with their newfound 'freedom'.