Kansas Secretary of State to Eric Holder – You Don’t Understand the Constitution, Stay Out of Kansas
Well, this is getting interesting.
First, a little background. Back in April Kansas passed the Second Amendment Protection Act (SB 102).
This bill was meant to protect the Second Amendment rights of the Kansas citizens from new federal gun control laws and would actually make it illegal to enforce those laws within the state of Kansas.
Here is the description of that bill from the official legislation:
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.
Well, as you can imagine, the Obama administration didn’t like that too much.
So, Eric “Fast and Furious” Holder, decided to send a little letter to Kansas.
Here is where things get interesting.
On Thursday, Kansas Secretary of State Kris Kobach, fired back at Heller. The general gist of the message was, “You’re wrong. You don’t understand the Constitution. Bring it on.” I’m paraphrasing a bit there, so here is the full letter (click to enlarge):
Kobach doesn’t just go after the current administration in his open letter. He actually calls out the entire federal government for decades of abusing its power and overstepping its bounds.
This part highlights his thoughts on that matter:
“For the past 80 years, Congress has used the interstate commerce power as a conduit for asserting regulatory authority over numerous specific subjects that have nothing to do with interstate commerce – including firearms. While some federal regulations of firearms are permissible exercises of the interstate commerce power, others clearly are not. One of the things that the federal government cannot do is regulate firearms that have never travelled in interstate commerce and that have no substantial effect on interstate commerce – firearms covered by SB 102.”
I guess ball is in your court Holder.