Attorney General Eric Holder sent a letter to Kansas Governor Sam Brownback attacking legislation recently passed in the State that nullifies unConstitutional Federal gun laws.
Kansas is the first State to be called out by the Federal government for its attempt to nullify gun laws deemed unConstitutional within its borders; a number of other gun-friendly States have taken similar legislative action.
The Kansas law (SB102), which took effect late last month, declares that the Federal government has no authority to regulate firearms manufactured, sold and kept only in Kansas. It also makes it a felony offense for Federal agents to attempt to enforce any law, regulation, order or treaty affecting firearms.
In his letter, dated April 26, Holder said that the Justice Department will not acknowledge the law because, “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.”
Holder continues, “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.”
The AG went on to inform Brownback that Federal authorities “will continue to execute their duties to enforce all federal firearms laws and regulations. Moreover, the United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”
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