Federal Gun Laws Nullification In Kansas
BY Herschel SmithThree years ago, in a move intended to signal its profound devotion to gun rights — and opposition to new restrictions being weighed by Congress — the Kansas legislature passed a law that never had any chance of actually taking force.
The “Second Amendment Protection Act” declared that federal laws and regulations do not apply to any gun manufactured in the state, so long as it is marked “Made in Kansas” and remains within the state’s borders at all times after its production.
The law — which, again, was invalid from the outset — also applied to ammunition and firearm accessories made in Kansas. It declared that federal law enforcement agents would be guilty of a felony if they attempted to enforce federal laws regarding these products within state borders.
It’s clear now that the legislators who pushed forward the law were well aware of the unresolvable conflict with federal law and the U.S. Constitution, and that they assumed that Kansans would understand that the act was meant to send a message, not to be taken literally.
But some Kansas gun sellers and buyers apparently didn’t get the memo.
The National Firearms Act of 1934 bans the unlicensed possession, manufacture, and sale of silencers, machine guns, and sawed-off shotguns. Many gun enthusiasts argue that the restrictions on silencers are outdated, and that the devices eliminate noise pollution and may stave off hearing damage.
Shane Cox ran a military surplus store in southeastern Kansas, and after the law took effect, he began producing and selling his own silencers. He assured buyers that federal gun laws would not apply as long as the products stayed within state borders and even handed out copies of the new statute.
Jeremy Kettler, a disabled U.S. Army veteran, bought one of the silencers and posted a video about it on Facebook. Both men were soon charged with violating the federal laws that regulate silencers. Kettler bought the unregistered silencer “because of a piece of paper signed by the governor saying it was legal,” the Associated Press reported.
The Kansas statute purported to nullify federal law, much as states like South Carolina had attempted to do prior to the Civil War. But the Supreme Court has ruled that states simply don’t have this authority.
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One of the bill’s co-sponsors, former state representative Jim Howell, told the AP that lawmakers knew the measure’s validity would be disputed. “I think these gentlemen understood that when they made a choice to do what they did,” Howell said, of the men arrested over the sale of silencers.
What a cowardly piss ant. The legislator who pressed this threw his own citizens to the lions when it came to pushing and shoving, and Kansas buckled.
The author is an attorney for the Brady Center, and other than the discussion of the validity of nullification, I actually agree with him for different reasons. The real culprit here is the state of Kansas.
I’ve said before, don’t even consider something like nullification unless you’re willing to go the mattresses for your people. The lawmakers could have handed the governor the tools to deal with the federal intrusion, and the governor could have had the balls to do it.
But none of this obtained, and the citizens suffered as a result. Unless you’re willing to arrest federal agents who attempt to enforce these laws and throw them in the state penitentiary with the other prisoners, don’t even consider nullification.
Nullification laws made for show are immoral. Nullification laws made for real are admirable, but states have to be willing to back it all up with force.