So Much For State’s Rights

Remember back in the Heller v DC days? The anti-gun groups were all about State’s Rights to violate the US Constitution, and deemed supporters of Rule of Law “Anti-Freedom”. Also fire is cold, and water is dry!

Well the has-beens are at it again!

A gun violence prevention group sued Kansas Governor Sam Brownback and the state’s attorney general on Wednesday, challenging a one-year-old state law on the grounds that it violates the U.S. Constitution by nullifying federal laws aimed at reducing firearms violence.

“Neither the Kansas legislature, nor any state legislature, is empowered to declare federal law ‘invalid,’ or to criminalize the enforcement of federal law,” the lawsuit said.

…Brownback, who signed the law in April 2013, vowed to defend the measure, called the “Second Amendment Protection Act.”

“The right to keep and bear arms is a right that Kansans hold dear,” Brownback, a Republican, said in a statement. “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 law says that firearms made in Kansas are not subject to any federal law or regulation, including a gun or ammunition registration program. It also provides a nullification clause, deeming “void and unenforceable” any laws or regulations that the state deems to be a violation of the Second Amendment.

According to the complaint, the Kansas law violates provisions that give final power to interpret the U.S. Constitution to federal courts, not state legislatures. The Brady group also said the law is contrary to a 1958 U.S. Supreme Court ruling that found any state law claiming to nullify federal law as unconstitutional.

Well except that Kansas is simply saying that the laws that violate Federal law (you know, all the Laws that the Brady Campaign supports) will be null and void in Kansas. Meaning the People in Kansas won’t have to wait for the SCOTUS or the Legislature to overturn Unconstitutional law.

Also I’m glad to see that the Brady Campaign is working hard to get rid of whatever capital they may have less in lawsuits that show how much they hate the US Constitution.

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