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elleng

(130,974 posts)
Thu May 2, 2013, 10:02 PM May 2013

U.S. Attorney General Says Kansas Gun Law Is Unconstitutional.

Source: nyt/reuters

A recently enacted law in Kansas intended to block enforcement of federal gun regulations is unconstitutional, U.S. Attorney General Eric Holder wrote in a letter released on Thursday.

The law, which seeks to keep guns or ammunition from being subject to any federal regulation - as long they are kept in Kansas - directly conflicts with federal law, Holder wrote in the April 26 letter to Kansas Governor Sam Brownback.

"Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties," Holder wrote.

The law also bans federal or other agents from enforcing federal regulations in the making or sale of Kansas-made firearms.

Holder said a state "may not criminalize the exercise of federal responsibilities" and that all federal laws remain in effect.



Read more: http://www.nytimes.com/reuters/2013/05/02/us/02reuters-usa-kansas-guns.html?hp

12 replies = new reply since forum marked as read
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broadcaster75201

(387 posts)
1. Well of course it is. We learned that first day of Con Law.
Thu May 2, 2013, 10:38 PM
May 2013

Hell, I learned that in High School Government class.

David__77

(23,423 posts)
3. They went one step too far.
Fri May 3, 2013, 01:30 AM
May 2013

The state is under no obligation to enforce federal law, but they cannot criminalize federal enforcement of federal law. It is as with medical marijuana.

 

Ter

(4,281 posts)
6. That's unconstitutional, but NYC's $350+ permit application and 6 month waiting period isn't???
Fri May 3, 2013, 09:04 AM
May 2013

At least be consistent, instead he's a hypocrite.

 

geek tragedy

(68,868 posts)
8. He is being consistent. Federal statutes trump state law.
Fri May 3, 2013, 09:58 AM
May 2013

There is no federal law disagreeing with the New York requirements.

So, logic fail.

harmonicon

(12,008 posts)
10. Do you honestly not understand the difference, or was your thought pattern only "GUNZZ!!!"?
Fri May 3, 2013, 10:30 AM
May 2013

How are the two things otherwise legally related in your mind?

ButterflyBlood

(12,644 posts)
12. Actually I'd side with Kansas here because of pot
Sat May 4, 2013, 08:53 AM
May 2013

I don't like guns, but you can't say Colorado and Washington are fine to allow marijuana freely against federal law and Kansas isn't ok here.

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