By Willie Deutsch
“Kansas Secretary of State Kris Kobach is an American hero. He has shown everyone how to stand up to the bullying of Eric Holder’s Justice Department, and he should be applauded and defended by everyone who believes in freedom. Hopefully Kobach’s example encourages more state officials to stand up to an overreaching federal government.”—Nathan Mehrens, General Counsel Americans for Limited Government.
Kansas recently passed SB 102, the “Second Amendment Protection Act.” In it, Kansas exercises its 9th and 10th Amendment rights to decide its own gun policies, and shows the limits of the federal commerce clause.
The primary constitutional justification used by the federal government to regulate guns is the commerce clause found in Article 1, Section 8 of the U.S. Constitution which gives Congress the power “To regulate Commerce… among the several States.”
While it is somewhat of a stretch that the founding fathers envisioned the commerce clause being used to limit the right to bear arms, Kansas stood up to the federal government on the one category that is indisputable, guns made, purchased, and kept in Kansas are not part of interstate commerce, and as such, are exempt from federal law.
The law’s summary found in the bill that was passed and signed by the Governor states:
SB 102 establishes the Second Amendment Protection Act:
“First, the bill excludes from federal regulation any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas. The bill provides that for as long as any such personal firearm, firearm accessory, or ammunition remains within the borders of Kansas, it is not subject to any federal law, regulation, or authority.
“Second, the bill prevents any federal agent or contracted employee, any state employee, or any local authority from enforcing any federal regulation or law governing any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas. In the process of a criminal prosecution, the bill precludes any arrest or detention prior to a trial for a violation of the Act.
“Finally, the bill allows a county or district attorney or the Attorney General to seek injunctive relief in court to enjoin certain federal officials from enforcing federal law regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.”
U.S. Attorney General Eric Holder quickly fired off an indignant letter, threatening to take Kansas to court if they carried out the law. Kansas Secretary of State, Kris Koback, a Constitutional scholar responded with a letter exposing Eric Holder’s lack of constitutional knowledge.
“In his letter, Holder makes the simplistic and incorrect claim that “SB 102 directly conflicts with federal law and is therefore unconstitutional.” He rests his claim on the Supremacy Clause of Article VI. However, what the fails to mention is the basic constitutional rule that a federal law that exceeds Congress’s power has absolutely no ability to preempt a contrary state law.
“Holder also threatens that “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 federal law.” With respect to any litigation, we will happily meet Mr. Holder in court.”
After exposing Holder’s lack of Constitutional understanding, he proceeds to hold the Attorney General accountable for his selective enforcement of federal law by reminding the reader of “Fast and Furious” and the ongoing litigation where Holder is defending ICE agents refusing to uphold federal immigration law.
Kris Kobach’s defense of individual liberty for the people of Kansas should be emulated by state officials across the nation.
Willie Deutsch is Editor-in-Chief for NetRightDaily.com, and Social Media Director for Americans for Limited Government. You can follow him on twitter @williedeutsch.
Read SB 102
Read Eric Holder’s Initial Letter
