Via 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.”
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