Attorney General: New Kansas Gun Law Unconstitutional

U.S. Attorney General Eric Holder has told Kansas Gov. Sam Brownback that a new state law attempting to block federal regulation of some guns is unconstitutional.

The U.S. attorney’s office for Kansas on Thursday released a copy of a letter to Brownback from Holder last week, sent the day after the new state law took effect.

The law says the federal government has no authority to regulate guns manufactured, sold and kept only in Kansas and makes it a felony for a federal agent to enforce any regulations of those guns.

Holder said the U.S. Constitution prohibits the state from pre-empting federal laws. He said the federal government is willing to go to court.

Aides to Brownback and Kansas Attorney General Derek Schmidt did not immediately return messages seeking comment.


  • Lance Sauer

    The federal government trusts Syrian rebels with fully automatic firearms, 10+ magazines, explosives, etc.( they are working to supply this equipment to them) but it does not trust law abiding US citizens with the semiautomatic firearms, magazines that hold 10+ rounds, bayonet lugs, etc. Right now I will trust the Kansas Government more then the Federal right now. I know who trusts its citizens. WHO PAYS THE BILLS HERE?

    • bluekansas

      did you sleep in a holiday express last night and it made you an expert on foreign affairs, if you trust anything that brownback is selling you’re dumber than i thought.

      go back to the radio and quit being a brownback sheeple!

      • Citizen

        That means alot coming from a Brownback hating Obama sheeple. However I am proud of you for actually typing your own post, instead of your normal cut and paste liberal talking points.

  • Hooray!

    Good for you mr. Holder. Please put these Kansas goons in their place!

    • http://hasyspost RD

      But it was okay for Holder to sell fully automatic weapons to the Mexican drug cartels????

      • Hooray!

        They were only for drug cartel home defense. Everyone knows you need an assault rifle for home defense. Shouldn’t they be allowed to defend themselves?

        • Lance Sauer

          So your happy that our government trusts drug cartels with assault rifles but does not trust tax paying American citizens?

          If you are committing a violent crime that is not defense that is offense. Law abiding Mexican citizens should have them for defense against the cartels and the cartels down there pay off the local officals.

          • Hooray!

            It was sarcasm my friend. That was obviously a HUGE mistake by the justice department. I didn’t see anyone complaining when regan sent guns to the contras and sent a marine to prison to cover for it. Make your little pathetic arguments but your GRAND OLD PARTY has done the same thing to even larger degrees.

          • Lance Sauer

            I would have complained loudly about the contra thing but since I was born in 1985 its not current news. Plus I’m a Libertarian (voted for Obama in 08 and Gov. Johnson in 2012) and will complain no matter which party does very stupid things. Nor will I hide behind a party and call the other pathetic when my party is doing as bad or worse then the other party. Please have arguments instead of name calling and I bet we will agree that wrong is wrong no matter who is in office.

  • Tyler Clark

    It’s time to stand up against the liberal umbrella in Washington. I am glad that Kansas is leading the way in this battle.

    • Hooray!

      Really? Last time I checked federal law trumps state law. Should we all just make up our own laws and say “I don’t need to follow any federal, state, local laws cause I made my own”?

      • Lance Sauer

        This law is based on the interate commerce clause that states “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Since SB102 only applies to things made and stays in the state the Federal government has legal right to regulate it. Just Like prostitution in Nevada which is legal in that state and does not cross state lines, so the federal government cannot regulate it. SB102 is also like the CO. and WA. laws that made it legal for people to use cannabis in those states. Its a states right issue based on the commerce clause well with in the powers of the state

        • Lance Sauer

          I meant interstate not interate

          • bluekansas

            so now you turned into a constitutional lawyer now

      • Lance Sauer

        Plus I believe you should do anything on your property that you own unless it hurts someone else. Governments main reason to exist is to protect the rights of the individual. Do you agree with that Hooray?

        • Hooray!

          Good argument. Yes I agree with that. Just saying in my sometimes rhetorical questioning that people seem to think they don’t need to follow the laws set forth by congress. Like the rash of sherrifs who said they wouldn’t enforce gun laws if enacted. I’m pretty sure the justice department (ie sherrifs) don’t make the laws they enforce them wether they like them or not. This sort of applies to the law passed in Kansas. I still don’t like the government in place here in Kansas though.

          • Lance Sauer

            Just because you do not like the government in Kansas does not mean that everything they do is wrong. Their are things that I strongly disagree and agree with in every level of government.
            Sheriffs are the chief Executive officer in that county because it is a elective office. The Sheriff that say they will not enforce said laws are actually right that they do not have to enforce those laws. This has been proven in the US supreme court case Printz v. United States. Which was over sheriffs not enforcing the 1994 brady gun bill. The sheriffs won the case. And if you think the sheriff is doing some you you do not like, the people can vote him/her out of office.

  • Bring It on

    I say bring it on Holder……..its for the Supreme Court to decide if a law is unconstitutional….Not the US Attorney General.

    • Lance Sauer

      the greeks said it best “MOLON LABE”

    • Chris

      The A.G. is the HEAD of the justice department. So I would fathom that he has some say in laws.

  • next article

    Should obama have his secret service taken away? Concidering they seem highly equipped. Let’s all take a vote.

  • hmmm 2

    Hey backward Kansas hillbillies.. this is 2013.!! Don’t you people have more important things to worry about than running amuck with guns. ?? Why are you all so eager to kill.??

  • Why??

    Hey Hmmm, lets set the record straight- we “hillbillies” dont want to “run amuck & kill”- thats the last thing we want. However, because of your libtards in power, our nation is on the brink of social & economic collapse. Franly, if Holder decides to flex his authoritive power & try to enforce a confiscation, I only hope he has the cajones to lead the charge personally.
    When it all comes down to it, you sheeple will be coming to us for help, & guess what- YOU’RE ON YOUR OWN!
    The Greeks said it best- MOLAN LABE- Come take it.

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