Kansas Governor to go to battle with feds over 'sovereign will' of the people of Kansas

Sunday, May 12, 2013 by: J. D. Heyes
Tags: Kansas, Second Amendment, nullification

eTrust Pro Certified

Delicious Pin It
(NaturalNews) The governor of the state of Kansas has made it clear to the U.S. Justice Department and Attorney General Eric Holder he is not intimidated by the former's threats over the state's new law barring federal agents from enforcing unconstitutional gun laws.

On April 26 Holder sent a letter to Gov. Sam Brownback, a former U.S. legislator, that Justice may go to court over the law if the state attempts to enforce it. Unfazed, Brownback replied that Kansans hold dear the right to keep and bear arms, as enumerated under the Bill of Rights' Second Amendment, and that they are attempting to protect Kansas state sovereignty.

In addition to Brownback's reply, Secretary of State Kris Kobach, a former law professor who helped craft the legislation, said Holder was merely "blustering" over the issue.

"The people of Kansas have clearly expressed their sovereign will," Brownback said in his letter. "It is my hope that upon further review, you will see their right to do so."

'I think the people of Kansas are going to back this up'

According to the new law, Kansas is essentially declaring that the federal government does not have the authority to regulate firearms, ammunition and related accessories that are manufactured, sold and kept only in Kansas. The law also makes it a felony for any federal agent to enter the state to enforce laws, regulations or treaties that cover such items, The Associated Press said.

The crafters of the law say firearms, ammo and accessories manufactured and kept in Kansas do not fall under the Interstate Commerce clause of the U.S. Constitution, and therefore are outside of federal purview. Holder, in his letter, said that didn't matter because of the Supremacy Clause of the Constitution, which states essentially that federal laws trump state laws.

"Kansas may not prevent federal employees and officials from carrying out their official responsibilities," Holder wrote. "And a state certainly may not criminalize the exercise of federal responsibilities."

Kansas officials and pro-gun rights groups say they expected that kind of response from the Obama administration, which selectively enforces federal law as it is but which has demonstrated a zeal for new gun control legislation.

"I think the people of Kansas are going to back this up," Patricia Stoneking, president of the Kansas State Rifle Association, told AP. "Probably thousands of grass-roots citizens are all in."

"The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right," Brownback wrote in his letter.

The Kansas law was modeled on a 2009 Montana law currently under review by a federal appeals court. Alaska lawmakers have approved a similar measure and like-minded bills are currently under consideration in Alabama, Missouri and Oklahoma.

Supporters of the Kansas measure said federal agents wouldn't actually be arrested or detained while trials were pending. They also believe the law will withstand scrutiny in court. Still, according to the statute, a federal agent who had been convicted under the law could face six months in prison, though the most likely sentence would be probation.

'We are confident in our position'

Kobach has labeled Holder's legal analysis "simplistic and incorrect," adding that Kansas' statute is a valid legal tool protecting state residents from unconstitutional anti-gun measures that might be enacted by Congress.

"We are very, very confident of our position," Kobach told the AP. "The state of Kansas is not in any way afraid of a legal challenge."

Kansas Attorney General Derek Schmidt's office is already preparing for potential legal challenges from the federal government. In anticipation of litigation, the office has requested an additional $225,000 in funding over the next two years to cover expected court costs.

Stoneking forecast that a dispute might occur if a local gunsmith sells a firearm that was built in Kansas to a state resident without adhering to the federally required instant background check of the buyer, or by registering the gun.

"Until that actually happens, there won't be any litigation," Stoneking said. "The federal government will have to have some way of finding out."

Sources for this article include:




Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.

Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support NaturalNews.com

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...


Now Available at ShopNaturalNews.com

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...


Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...


Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at www.StorableOrganics.com

Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of NaturalNews.com, the internet's No. 1 natural health news site. (Source: Alexa.com)

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.