I Can Only Add…… Bring It! Holder Threatens Kansas Over Gun Law!!!

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This is basically a repost from Breitbart. 

Holder Threatens Kansas Over New Gun Law

In case some haven’t been following, as the gun rights battle heated up, Kansas decided to preempt any unconstitutional idiocy emanating from D.C.

The new law declares that the federal government has no power to regulate guns manufactured, sold and kept only in Kansas.

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.

The legislation made it a felony for a federal agent to enforce any law, regulation, order or treaty regulating  ammunition made, sold and kept in the state because the federal government does not “interstate commerce” authority over such items.

Holder fired off a threatening letter……

“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.” 

“Under the Supremacy Clause…Kansas may not prevent federal employees and officials from carrying out their official responsibilities.  And a state certainly may not criminalize the exercise of federal responsibilities.  Because SB102 conflicts with federal firearms laws and regulations, federal law supercedes this new statute; all provisions of federal laws and their implementing regulations therefore continue to apply.”

Here’s why Holder is wrong……

Michael Boldin, founder of the Tenth Amendment Center, pointed out the flaws in Holder’s reasoning at Right Side News:

1. Kansas is NOT purporting to criminalize the exercise of constitutional federal responsibilities.  On the contrary, the bill criminalizes what the state has determined is unconstitutional.   It is the position that such federal acts are indeed a violation of the Constitution.  No matter how much Eric might believe it to be otherwise, his view is obviously not universal – especially in Kansas.

2. The Supremacy Clause.  Holder takes the position that all tyrants do – that everything they do is authorized, anything to the contrary – worthless.  But Holder is wrong.  The Supremacy Clause doesn’t say that “any law in conflict with federal law” is void.  It says that only those laws “in pursuance” of the constitution are supreme.  The new Kansas legislation, again, takes the position that such federal acts are not constitutional, and therefore not supreme.

3. Historical Precedent.  The 1850 Fugitive Slave Act was a federal law that basically required all states in the north to act as slave catchers for black people claimed as property in the South.  It’s one of the most disgusting acts in American history.  A number of northern states passed laws similar to the new Kansas law, criminalizing federal agents for attempting to kidnap people in their states.    Although the feds still claimed the same kind of authority that Eric Holder has claimed today, they didn’t have the manpower to enforce.  Read more about that here.   As an aside, if Holder would like to take the position that such resistance to federal slave laws was wrong, he’s welcome to publicly state that.

There is also a precedent to fighting federal gun control laws and winning.

After the Brady bill was signed into law in the nineties,  Arizona Sheriff Richard Mack sued the Clinton administration claiming the federal government had overstepped its bounds. The case found its way to the U.S. Supreme Court, and Sheriff Mack won.
“There’s still hope and local sovereignty, state sovereignty, state’s rights is the solution. We’ve got to have local officials that tell the federal government there’s just a few things you’re not going to do here,” Mack said at a gun rights event at an American Legion in Lima, Ohio, last February.

Yeh, that pesky Bill of Rights.  In this particular case it is the 2nd and 10th amendments which confine the totalitarian nutters. 

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40 Responses to I Can Only Add…… Bring It! Holder Threatens Kansas Over Gun Law!!!

  1. Me says:

    What was that term I used before again?

  2. Me says:

    Are you watching CNN now Ben Shaprio is on with piers douche brit

  3. tckev says:

    This so much reminds me of –
    “Gentlemen. You can’t fight in here. This is the War Room!”

    Yes, ok its not exactly a good fit but so much of this gun control stupidity requires to be written-up and a good comedy script made of it.
    It’s so serious what they are trying to do. The good thing is that when it comes to sheer stupidity their cup runs over and deserves to be ridiculed.

    • suyts says:

      Indeed. We have an attorney general who doesn’t understand the weight of the Constitution. But, we have a prez in the same condition.

    • Me says:

      Atheist and you can’t fight in a war room :lol: Agnostic is what I am, I guess I am the skeptic of skeptics but don’t paint all painte all of us with the same brush thar Hey Philjordan! At least not this one and many like Me! :wink:

  4. Me says:

    James, I think there is just minor communication differences between you and Me, I think we are more than likely similar than not. I guess there are times I come across to you the wrong way, so I am sorry about that, but that has it’s limits as i’m sure as it is the same with you. But you don’t censor so it is a bonus!

    • Me says:

      Oops, I took too long with that above post, I guess, me post here still stands and your still the man in me book!

    • suyts says:

      Thanks Me. Yeh, there are times I don’t understand what you’re trying to say. And, like you said, there are probably times I’m not communicating well with you. And, yes, it’s all good. I, too, suspect we’re much more alike than different.

      As far as the censorship stuff goes, if I engaged in censoring, we couldn’t have had the enjoyment of the alarmists and detractors beclown themselves all those many times. The more I think back and remember, the more I relish those events. I should do a compilation one day. :D

      • Me says:

        Yeah that goes fer Me too with the communication thing. But as I said I see things, and note it. Step back for a while and say nothing. I know when I said something wrong that pisses you off, but that was not my intention to do that. :lol:

  5. rg says:

    Kansas 1 – Missouri 0, border war II is on.
    Ks – hands off, MO – Conceal and Carry (registered here) thank you sir may i have another,

    • suyts says:

      Good for you on the CC! I’ve never bothered with a CC, because in KS, unless otherwise posted, you can strap it on your hip and take a stroll downtown. And, you can transport it any darned way you please. Usually, I keep mine in the glove box with clip loaded and in, but not chambered……. too many potholes on the roads I take.

      • Me says:

        Yep, it doesn’t take long to chamber it if needed, and that is a part of the safety that is entrained with me to handle fireharms, and to always do a safety check every time when handing your firearm to a second party.

      • suyts says:

        With guns, always safety first. That’s what’s so striking to me. If one simply takes the necessary precautions, which the NRA happily teaches, then a possibility of an accidental death by firearms is nil.

        • Me says:

          Fer crying out loud, the military teaches this in basic training and continues with it every time anyone has to handle a firearm.

        • Me says:

          So if they are doing it they adopted it from somewhere or others are adopting their safty practices from the military. Either way it’s safety first.

        • suyts says:

          Yeh, but the NRA gets vilified for trying to provide this service to the public.

        • Me says:

          Aparently they are doing the same to vets too. So when to the soldiers wakeup and see they will be veterans and punished too as soon as their service is no longer required.

  6. PhilJourdan says:

    I suspect more states act like Kansas. And I hope they do so soon.

    • Me says:

      You and Me both!

    • suyts says:

      I think there have been a couple more move in that direction, but I’m not sure if they’re laws, yet.

      • philjourdan says:

        Not passed, but in the legislature. SC is looking to bar Obamacare. Which given that Medical insurance (which is all Obamacare is about) is strictly an Intrastate operation (and always has been), I think they are on solid footing as well. Depending of course on Roberts.

        • cdquarles says:

          Alabama is doing the same thing, with Obamacare and with guns. Unfortunately, Alabama’s public law meant to enforce federal immigration laws fell afoul of the Feds and suffered the same fate Arizona’s did. A recent appeal at the 11th Circuit (the same one that gave Terry Schiavo so much less due process than a convicted murderer gets) failed. Oh well.

    • HankH says:

      Ugh, I live in Reidland (Nevada) and looking to get out. I’ve been favoring Arizona because I like the heat and it is more conservative than here. Kansas just moved up a notch on my list with their “screw you Zero” attitude. I need to look into Kansas more.

      Are the winters real harsh or will global warming make it a tropical paradise with steaming jungles in a few years?

      • suyts says:

        Yeh, about that global warming…… http://suyts.wordpress.com/2013/05/02/early-spring-visiting-suyts-in-may/

        I’ve seen winters where one could start to wonder if that tripe was true or not. Tee shirts and touch football at Christmas. But, it can just as easily go the other way. A couple of years ago it dumped about a foot of snow on us in a day. Then the temps dropped from the 20s to the -20s in a matter of a few hours, and stayed that way for a bit. We get it all here and it’s pretty unpredictable. The weather does some funny stuff in the Rockies. You don’t know how it’s going to come out of them. I wouldn’t trade it for anything. Once this crap goes away, I’ll take pictures of the lush and bountiful land. Every Spring it takes my breath away.

        Mind you, this is eastern Kansas. Western Kansas is like a desert except it’s dry dirt instead of the hard ground or sand. I’m not sure why anyone lives west of Wichita and East of the Rockies, but people do. Albeit, very few.

        Come on by, I’ll show you around!

        • HankH says:

          You’re tempting me! I’ve been to most states but not Kansas. I guess they located the state out of the way or something. I would truly like to visit. My wife and I have been planning a “round the country” trip to visit all the national parks and wilderness areas. When we get ready to do it I will definitely add Kansas to the route and stop in to say howdy to you.

        • philjourdan says:

          I have been to 42 of them (not New England and the 2 outliers). Went to Kansas a couple of times. The first time when I was about 12 (we DROVE through), and the second when I was doing a study on Dolgins (which means I was only just over the border from KC).

        • suyts says:

          That would be outstanding!

        • Jim Masterson says:

          >>
          philjourdan says:
          May 3, 2013 at 6:27 am

          I have been to 42 of them (not New England and the 2 outliers).
          <<

          Obama beats you. He’s been to 57 states, with one left to go (he wasn’t counting Alaska and Hawaii).

          Jim

        • philjourdan says:

          Mine were US states, not muslim states. ;-)

  7. kim2ooo says:

    Reblogged this on Climate Ponderings and commented:
    Obama and Holder – think they are the King and Queen.

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