Saturday, May 4, 2013

Kansas Secretary of State Smacks Down Holder Over Gun Law

Activist Post

On April 4th, the Kansas legislature passed SB 102 -- The Second Amendment Protection Act. The law excludes gun owners from federal regulation any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas.

The law also authorizes Kansas law enforcement to arrest and prosecute any federal agents seeking to enforce unconstitutional laws within the borders of Kansas.

The law states:
Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas
This did not sit well with US Attorney General Eric Holder who sent a threatening letter to Kansas Governor Sam Brownback a day after the law went into affect, claiming “In purporting to override federal law and to criminalize the official acts of federal officers, SB102 directly conflicts with federal law and is therefore unconstitutional.”



The Kansas Secretary of State, Kris Kobach, wasted little time in responding to Holder's letter to let the Feds know that they will not be backing down and said the legislation was drafted to "withstand any legal challenge" by the feds and said "we will happily meet Mr. Holder in court."


Kobach also fiercely defends the legislation against Holder's allegations of being unconstitutional because it directly conflicts with federal law.

He writes; "In his letter, Holder makes the simplistic and incorrect claim that 'SB102 directly conflicts with federal law and is therefore unconstitutional.' He rests his claim on the Supremacy Clause VI.  However, what he fails to mention is the basic constitutional rule that a federal law that exceeds Congress's power has absolutely no ability to preempt a contrary state law."

Kobach concludes the letter by accusing the Obama administration of repeatedly violating the Constitution and states "That abuse cannot continue."


See full letter here.

Read other articles by Activist Post Here




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41 comments:

Anonymous said...

I do believe that the State of Kansas legislature and the Secretary
of State have something made of steel.

Hide Behind said...

Defimately a Stand Proud moment by the people of Kansas.
HAVE READ EVERY BIT ON THEIR PUSH. TO GET THIS LEGISLATION INTO FORCE,
YOU CAN READ THE WORDINGS OF THE BILL BY ITS SPONSORS BUT IT IS THE way fellow Legislators speak about the Bill and their arguments on the floor during dscussion and commirree meetings that tells the Timber of the men and women who voted it into place.
THEN WHEN THE officers of the stayes many bodys of govrrance stand there chest and head thrust forward as they tell the feds to F OFF, DAMN MAYBE THERE IS SOME FIRE AND HEAT LEFT IN SOME americans bones after all.
MY HATS OFF AND HAND OUTTO SHAKE AS A BOND OF WHATEVER MEAGER SUPPORT I can lend.
BRAVO AND WHEN THAT first Kansas peace officer bust that 1'rst fed somepeople had best join him inthat action.
When the police act with reverence to the laws of the land and treat the people as their duty to protect and aid damn what a strong state Kansas will be!

Anonymous said...

Nice work Kansas!

Jayhawk said...

ROCK CHALK, bitches!

Now, for a whole new meaning to the term "Bleeding Kansas."

Anonymous said...

I'd like to see the gun smuggling, premeditated accomplice to mass murder of thousands of Mexicans along our border catch a plane to Kansas City, and then see this greasy piece of communist, totalitarian dog manure promptly arrested at the airport and dragged off to the worst cockroach infested jail cells that the Governor of Kansas can find.

Anonymous said...

Why is it that the west coast and the east coast people always consider the mid west to be a point of embarassment to their intellect. And yet, when it is time to stand up for the rights of the nation, it is always instigated by the midwest states?

Anonymous said...

I sure do admire Kansas for taking this position and making a good example for the rest of the States to follow.

Anonymous said...

I'm moving to Kansas!!

Anonymous said...

No "Bleeding Kansas" again.These people stand for what American's believe. People who don't need to leave the country. Time to respect a country and go to a country that has laws you want. Stop trying to coup everyone.It's the 21st century. Grow up and go away. Kudos, Kansas.

Anonymous said...

Kansas has historically been one of the first states to spark a nationwide movement. Let's hope this is another one.

Anonymous said...

hope this attitude spreads to all the states....

Miguel Grande said...

It's odd that the Attorney General of the United States of Amerika doesn't understand the Constitution. The Bill of Rights trumps everything. HR11654 backs up Kansas 100%.

Anonymous said...

Eric Holder was the one breaking the law.... as is the Federal Government, therefore they can yell all the want Kansas is actually the ones following the law. They just reaffirmed what the Constitution already stated.

Tracie Foreman said...

Proud to be from Kansas!

Brigantia said...

Finally!! Congrats Kansas, on obeying your oath of office. Now do the same with obamacare, the NDAA and every EO this guy ever signed.
Pay attention States, the Supremacy Clause means nothing outside of the limited enumerated authority we granted you.

Anonymous said...

The feds are going to everything they can to find a way around this law. GO Kansas!!!! Josey Wales was from Kansas....I think he's a fictional charachter, but none the less a bad ass Kansas native. My step dad was from there as well, as was an exceptional man!! Here's to you big Wayne!!! RIP, all the patriots are going to squash Obama, and his crew of weak minded minions!!! Eat me Obama.

Anonymous said...

Kansas did their homework. Starve the Feds. Congrats.

brad said...

GO KANSAS! Go with Kansas. (other states) Maybe go TO Kansas for a whiff of freedom.

Very proud a real american stood up and said the truth. So many whiny babies actually think that ANY Federal decree is to be obeyed blindly and immediately. Now about those kind of illegal Presidential Directives, like that March 2012 piece of merde; http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

Anonymous said...

This is absolutely wonderful. I PRAY that other states will follow the lead of Kansas. Not just in our 2nd Amendment rights, but in amnesty and abortion, and all the other rights. I'd like to see the law that obama just signed to protect Monsanto against our citizens. obama is the cancerous boil on the behind of our sovereignty and our American way of life. He's bound and determined to destroy us and make us a communist muslim country.

Anonymous said...

We need the rest of the States to follow Kansas.

Anonymous said...

I can only hope that the reps in our state of South Dakota get off their fat, lazy asses and do the same for the people of South Dakota. Bravo to Kansas!!!

Anonymous said...

God bless Kansas!!!

Anonymous said...

Whoooo hoooo!! My hat goes off to Kansas! Let's get all the other states to step up!!

DL Wilson said...

What constantly amazes me about these repeated assertions of state supremacy is that we fought a Civil War over this 150 years ago, and the states-righters lost. It is certainly true that the Constitution did not give unlimited power to the federal government, and it is also true that in some recent Commerce Clause cases the Supreme Court has said that Congress went too far. But it is equally true that there are other provisions in the Constitution which clearly grant supreme authority to the feds, and regulation of guns, within the limits imposed by the Second Amendment, has been repeatedly upheld by the Supreme Court. Attorney General Holder is right because the Supreme Court says he is, and folks, they have the last word. Kansas is just laughably wrong on this. So what's next? Is Kansas going to fire on the Kansas equivalent of Ft. Sumter?

Adam Evenson said...

I'm so happy to see so many people standing up for their rights. It doesn't matter how large the force that's holding the power, paper still covers rock. I withstood the whole might of the United States and California combined against me; I did it by the same method the Kansas article above states the case. Which is, I stated the law, which is basically all that's required to prevail. Any that step outside the law is a criminal. Woe to the criminal, as the criminal's only power is with evil and things that creep and skulk, such as the case is with Obama and Holder. I'll judge against these two all the way to the end, when I'm the only one left standing. Well, Kansas will be standing, too.

Anonymous said...

How is it that Congress in 1934 discovered a clause in the Constitution that nullifies or diminishes the Second Amendment?

Anonymous said...

Listen yokels, Kansas and it intellectually challenged residents is not noted for anything but growing corn. That does not mean that the rest of the country has to accept cornpone!

Doyle Pritchard said...

Uh...Mr. Wilson...there ARE NO Limits imposed by the Second Amendment. It says, " A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, SHALL NOT BE INFRINGED ! " ( emphasis mine ). Now, that seems astonishingly clear to me ( a gun and Bible clinger ) that it is not at all even debatable.

Pray for the Truthtellers said...

In the several years just prior to the Murrah Building destruction in Oklahoma, the 10th amendment was being reaffirmed in many state legislatures across the country and the movement was spreading. So as a warning to the states, elements of the federal government took steps to stage an act of terrorism in the literal and figurative heart of America to warn the people to sit down and shut up. Kansans must be very vigilant because this SB 102 is 10th amendment stuff and when other states pass the same law, that will be more direct challenges to the federal government and once more they will respond with violence. Kansans, please stay very alert and aware of what is going on around you.

Anonymous said...

GO KANSAS MAY GOD BE WITH YOU ALL.

Unknown said...

How many firearms factories are in Kansas? None. When have you ever seen a firearm stamped" Made in Kansas"? Never. Great fluff legislation.

Anonymous said...

I originally wanted Obama to win. NOT ANYMORE! I have seen what he is up to! He says he is a Christian! What a damn liar! He hates Christians and he is not even an American citizen! Think he's an American? Can you PROVE it? I can prove I'm an American-why can't he? He can't because he isn't! Its that simple! We had better wake up and get rid of him or we won't HAVE a country!

RSCovey said...

Wither Kris Kobach knows it or not, he is an OathKeeper. I will defend this man with my life.
God bless us all, and may we all bless God.

Hide Behind said...

Oh the games those in power play, and I doubt that anyone from Kansas including each and every elected officer singly or as a group can withstand the power of the Federal goverment.
THREATEN TO SHUT DOWN AND OR MOVE ITS MILITARY BASES, FARM PROGRAMS OR MULTIPLE FLOW OF FED BUCKS AND THATS JUST POLITICAL ON THE CLEAN SIDE.
KANSAS may not be third world, although without its military and even the fed military programs on its college campus's and military that work out of state, it. Would be, and more than a few reps to botu houses are as crooked as a dogs hind leg.
Nope, just gonna be make believe in the media and under cover and covers out of public eye.
Powerfull people do not like to be questioned and a threat to one limb of DC,s many offices is indeed an attack upon all in their eyes.

Anonymous said...

Here in Kentucky, we passed the same thing a couple of months back. There are several states that have done the same. It is about time we start getting back to the way things are supposed to work. Big gov. Needs to keep their noses out of everyone's buisness. They can't keep their own corrupt self straight and out of trouble. All I can say is karma is a bitch...... The truth will be told!

Anonymous said...

In California the feds. gave the commies control
stste legislature 362 billion frns in 2012.
That cash was taken from the California Citizen
illegally and California does not have a Constitution that was approved by the United States as being Republican in form (4:4), how can it when it has the 10 planks of the communist manifesto and the unratified 14 amendment, See Preamble to the Bill of Rights

"The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution".

Now you can see why copies are very hard to fine
and when you read this with the 9th Amendment and 10th, you can see the federal government has
no policeing powers (City of New York v. Miln 11 peters, 102) State municipal police powers are complete, unqualified, and exclusive.

Anonymous said...

I think the Fed should start by cutting off the $3 billion funding to Kansas for FT 2013. If that doesn't convince them that The Fed is serious then The US should close all military bases and spending in Kansas. If that doesn't work just declare martial law in Kansas and arrest those public Kansas government officials for sedition.

Anonymous said...

Bravo, Kansas! Congratulations on exercising your legal and brass balls. Now, let's see if 49 remaining states in the union have the same commitment to uphold the Constitution and Bill of Rights. Yes! It's been far too long that the U.S. Constitution has been regarded as nothing short of toilet paper by the Obama White House and administration.

Anonymous said...

Yes, declare martial law in Kansas and see tshtf when people come to their aid, I for one am fed up with this corrupt administration and their socialist agenda, it's WAY past time that good men stand up for our constitution and tell O'bama,Holder,Pelosi,Reid and their ilk to FK OFF !

Anonymous said...

Holy crap, a state with BALLS!! Hello Kansas, I will be moving my thriving Internet business and growing employee base to your state ASAP!

God bless Kansas!

Anonymous said...

It is about time for the States to stand up for their populace and protect them from the wild trampling of the Constitution by this lying SOB and his minions.

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