Friday, May 3, 2013

ATTORNEY GENERAL ERIC HOLDER THREATENS STATE OF KANSAS IN LETTER ON GUN CONTROL NULLIFICATION LAW



KANSAS:
Second Amendment Protection Act; 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 theborders 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.



Governor to AG Holder: Kansans hold dear the right to keep & bear arms

Topeka - Kansas Governor Sam Brownback sent the following letter Thursday to U.S. Attorney General Eric Holder in response to his letter regarding the state's Second Amendment Protection Act:


May 2, 2013
Attorney General Eric Holder
Office of the Attorney GeneralWashington, DC 20530
Dear Attorney General Holder:
            The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the state’s Second Amendment Protection Act.  
 The right to keep and bear arms is a right that Kansans hold dear.  It is a right enshrined not only in the Second Amendment to the United States Constitution, but also protected by the Kansas Bill of Rights.  The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right.  The people of Kansas are likewise committed to defending the sovereignty of the State of Kansas as guaranteed in the Ninth and Tenth Amendments to the United States Constitution.  
The state’s Second Amendment Protection Act, which expressly restates our commitment to these rights, was approved by wide, bi-partisan margins in the Kansas Legislature.  The measure was adopted by a vote of 35 to 4 in the Kansas Senate with the Democrat Senate Minority Leader supporting the bill.  The measure was adopted by a vote of 96 to 24 in the Kansas House of Representatives.  Again, the Democrat House Minority Leader voted for the bill.  This is not a partisan issue in Kansas.  
The people of Kansas have clearly expressed their sovereign will.  It is my hope that upon further review, you will see their right to do so.
Sincerely,
Sam Brownback
Governor