On Thursday we learned that U.S. Attorney General Eric Holder told Kansas Gov. Sam Brownback that a new state law attempting to block federal regulation of some guns is unconstitutional.
The law says the federal government has no authority to regulate guns manufactured, sold and kept only in Kansas and makes it a felony for a federal agent to enforce any regulations of those guns.
Holder said the U.S. Constitution prohibits the state from pre-empting federal laws. He said the federal government is willing to go to court.
On his Face Book page, 110th State Representative Travis Couture-Lovelady shared the letter Governor Brownback sent on Thursday to Attorney General Holder.
May 2, 2013
Attorney General Eric Holder
Office of the Attorney General
Washington, 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 24in 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.