Federal Bulldog: Eric Holder threatens Kansas

holderVia the Tenth Amendment Center, Michael Boldin writes that on Thursday, Kansas Governor Sam Brownback received a threatening letter from Federal Attorney General Eric Holder, which warned of action against the state should it enforce SB102 (which Brownback signed into law last month).

For those unfamiliar with SB102, the new law is designed to protect the people of Kansas, and ensure the rights of people in protecting their families. It states that: 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

The bill also provides for criminal penalties against federal agents who attempt to enforce specific federal laws on guns manufactured in the state of Kansas and sold within the state – as the state takes the position under the new law that the federal government does not “interstate commerce” authority over such items.

Holder’s letter stated that, “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 bemoaned. “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.”

Read more at Tenth Amendment Center: Eric Holder Threatens Kansas

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2 Responses to Federal Bulldog: Eric Holder threatens Kansas

  1. notforsale says:

    Get ready for the squeeze. The east coast was already on board due to Newtown and now Jerry Brown (Governor of California) signed SB 140, which will transfer $24 Million for a gun confiscation program. PLEASE, be in constant contact with your state and federal representatives – DAILY!

  2. genewilk says:

    A news letter sent by our Senator Jay Wasson’s! Its a Legislative Column for the Week of April 29, 2013. New Developments in DOR Investigation; Last Friday, the Missouri Senate subpoenaed Agent Keith Schilb of the Office of the Inspector General of the Social Security Administration (SSA) as part of the ongoing investigation into the Department of Revenue (DOR). Earlier this month it was discovered that a list of more than 160,000 concealed carry permit holders was sent to the SSA, which was conducting an investigation on disability fraud in the state. Agent Schilb was the specific federal agent in charge of that inquiry. On Wednesday, Agent Schilb appeared before the Senate Appropriations Committee to testify on the details surrounding the request for the CCW list and the investigation for which it was needed. During the meeting, members were once again told the discs containing the information were never accessed. The first list, sent in 2011, was corrupted and unreadable; the list sent earlier this year was password protected and inaccessible. The agent requested the list again in February, but never picked it up. The most disturbing part of the testimony was the complete lack of concern federal and state officials showed in releasing a list of every CCW holder in Missouri. This is protected information, and the casualness with which it was released is alarming, to say the least. On the same day, officials from DOR appeared before the Joint Committee on Administrative Rules to begin promulgating its new policy of scanning and collecting citizens’ private documents in order to receive or renew a driver’s license. As I’ve spoken about before, the department quietly, and without the knowledge of the public or the General Assembly, implemented new requirements for receiving a driver’s license. This is a violation of what is known as the Administrative Procedure Act, which requires agencies to promulgate new rules. There’s a very important reason state agencies vet new policies with the Legislature. It gives us a chance to verify the rule will adhere to current statutes, and more importantly, ensure it’s in the best interest of the public. This is a very important check on state agencies. As was discussed during the hearing, there has been a sharp drop in the number of rules promulgated by the committee. It could be a coincidence, but in light of recent events, it seems to highlight a troubling trend of state departments circumventing the law and the General Assembly. We will continue investigating the situation until we have the answers the citizens of Missouri deserve. We’re already examining steps we can take to prevent this from happening again. I will keep you updated on any new developments. In other news, I was proud to welcome to the Capitol a handful of groups from back home. On Wednesday, the Nixa High School Chamber Choir visited Jefferson City as part of Missouri Fine Arts Education Day at the Capitol. Then, on Thursday, it was my great honor to introduce the Walnut Grove Lady Tigers basketball team to the Senate. These girls recently won the state championship with an amazing come-from-behind win with a penalty shot in the last second of play. They ended the season with an astounding 30-2 record. I’d like to congratulate all the players. It is always a pleasure to welcome groups from the district when they come to Jefferson City. Please contact my office if you plan to visit the Capitol. If you have any questions or comments about this or any other matter regarding your state government, please feel free to contact me at (573) 751-1503; you are also welcome to e-mail me at jay.wasson@senate.mo.gov.

    Sent from my iPad

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