May 2, 2013

Attorney General Eric Holder
Office of the Attorney General
Washington, DC 20530

Dear Attorney General Holder:

The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the state’s Second Amendment Protection Act . . .

The right to keep and bear arms is a right that Kansans hold dear. It is a right enshrined not only in the Second Amendment to the United States Constitution, but also protected by the Kansas Bill of Rights. The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right. The people of Kansas are likewise committed to defending the sovereignty of the State of Kansas as guaranteed in the Ninth and Tenth Amendments to the United States Constitution.

The state’s Second Amendment Protection Act, which expressly restates our commitment to these rights, was approved by wide, bi-partisan margins in the Kansas Legislature. The measure was adopted by a vote of 35 to 4 in the Kansas Senate with the Democrat Senate Minority Leader supporting the bill. The measure was adopted by a vote of 96 to 24 in the Kansas House of Representatives. Again, the Democrat House Minority Leader voted for the bill. This is not a partisan issue in Kansas.

The people of Kansas have clearly expressed their sovereign will. It is my hope that upon further review, you will see their right to do so.

Sincerely,

Sam Brownback
Governor

[Click here for the Kansas Secretary of State’s reply to the Holder missive.]

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63 COMMENTS

    • Just quoting the 2 best comments from yesterday cause I think you guys should see them not buried 100 posts down.

      From: Eric H. Holder, Jr., Attorney General
      To: Governor Sam Brownback

      Dear Kansas,

      It is Unconstitutional that your state will not allow us to enforce Unconstitutional laws.

      Sincerely,
      Known Gun Trafficker

      From: Governor Sam Brownback
      To: Eric H. Holder, Jr., Attorney General

      “NUTS!”

  3. I just read the entire bill. I’m not a lawyer but it appears to me that Kansas may be in the absolute right here. We shall see.

    • Its called nullification, and yes, kansas is in the right. It is 100% constitutional.

    • I particularly enjoyed Holder’s letter invoking the supremacy clause of the U.S. Constitution … the same letter where Holder failed to mention the other “supremacy clause” in the Constitution, Article VI, “This Constitution … shall be the supreme law of the land …”

      Last time I checked, the Second Amendment was part of the U.S. Constitution and that amendment explicitly states, “… the right of the people to keep and bear Arms shall not be infringed.” Of particular importance, note that the Second Amendment does NOT allow for “reasonable” restrictions as in the Fourth Amendment. For comparison, here is the text of the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated …” (emphasis mine).

      It is time that We the People start pressing the federal government to honor the Supreme Law of the land. And the Supreme Law of the land forbids the federal government from regulating law abiding citizen’s access, ownership, and possession of firearms.

  5. Yes, dear holder, thank you for your wonderfull letter. When we care what you want we will let you know(you fusking fusker). If we can provide more clarity please let us know. Randy

  6. I wonder how much support there will be when all the sudden the fed needs to allot real money, real attention, and real work to wage a law enforcement war against Kansas, particularly since this is over an issue which causes vastly fewer negative repercussions in society than something like illegal drugs… the current thing the FBI is quickly losing their misguided war against.

    All this blustering can happen for free. When they start actually doing it someone’s going to have to account for a decision based on cost vs benefits.

    The Kansas Governor is pretty smart though if he is a republican partisan, and Holder and the Whitehouse is pretty dumb to take the bait. If Kansas can get in a legal/law enforcement battle with the federal government over this it will be AMAZING fodder for the upcoming elections.

    • I haven’t seen o account for billions of rounds of ammo & rifles & armored vehicles so I wouldn’t expect this cost to bother him the least, Randy

  8. In the meantime, just to the west, Colorado Governor Hickenlooper and the legislature roll on their backs for a collective belly rub from Holder, Obama, Bloomie et al.

    • Governor Chickenpooper (or whatever you prefer to call him) and the legislature may cause a lot of damage to Colorado. Low to no standards for voter ID requirements, kicking out Magpul and their affiliates, entitlement programs for illegal aliens, and the list goes on. It’s going to be very difficult to prevent Colorado from becoming the next California. Who knows, maybe I’m wrong about that. Anyway, Chickenpooper sold his soul and Colorado to the Progressives.

    • And yet others who claim to be our allies cheer on the move towards tyranny. I had to cut off a friend of almost 10 years after his rabid ranting about how it’s OK for police officers to commit murder, rape, theft, false arrests, falsify evidence, illegal searches, etc because “all police officers are heroes”. Honestly, I’m not sure if someone that mentally unstable should be allowed to own guns.

      • LOL It’s going to take a bunch real nuts with guns and plenty of other stuff to get rid of these fag-boy Nazis- They will use anything and everything on the citizens- They got the guns, explosives, Drones, Armed Forces of all Branches and the Death Ray, HAARP, Star Wars Defense System that they already use to make strikes against the American Citizens- It’s time to get-er-done-

        • And WE have about 12 million TRAINED MILITARY VETERANS, many of whom know a Helluva lot about guns, tanks, explosives, tactics, strategy, etc., plus the experience and balls to use all of the above.

          Are the feds so arrogant and stupid as to think we’re just going to sit still while they crap on the Constitution and steal our Rights?

  10. Methinks Kansas and the citizens thereof will win this pissing match. Alas, I live in CA. I just breaks my heart (not!) to hear a Governor telling the AG to pound sand. The Obama / Biden gun control 2.0 push will definitely be interesting.

    It’s just such a mystery to me why people don’t put more faith in the federal government when they are clearly so good at balancing the budget, protecting our borders, and respecting our rights. /sarc

    At least gas isn’t ridiculously expensive. I hope this administration is not dumb enough to screw up the Keystone Pipeline project a second time. Then again, I haven’t seen an overwhelming amount of intelligence so far.

    • Your one-time youngest governor is now your this-time oldest governor. What TF IS it about California voters, anyway?

      Le Jerry plays hardball on medical weed, then wants to play Whiffle Ball on guns? Peh… wouldn’t piss on him if his heart was on fire. I value my old, weak stream more than I value him.

  12. Second Amendment Protection Act? I thought this was called the Eric Holder FOAD act. Go Kansas.

    Are there any firearms made in Kansas that meet the definition in the Eric Holder FOAD act?

  13. Sh!ts about to get real. Good for you Kansas, rock on! I hope Ohio does the same or something similar in the near future.

    • Well, there’s been bills preempting any future Federal gun control laws sitting in both the House and Senate for a few months now. I haven’t heard of them going anywhere yet, though.

      Edit: Yes, I hope it/they go to a vote.

    • Several states have passed “firearms freedom” acts such as this saying that anything made in the state and kept in the state is completely free from all Federal laws regarding guns. I know Ohio has considered it in the past, so we might get it in the future.

  14. texas votes on its own version tomorrow.
    i hope and pray to the powers that be it passes.

    • The power is with you and the other voters in your state. At least it said so in my high school textbooks. And my high school civics teacher, the great Rev. Floyd T. Binns – he said so too. Rest his soul.

      • OH believe me. ive been calling my reps and sharing on facebook. Texas has JUST enough Dems to make me worry about it passing.
        a little divine intervention never hurt though…lmao

  15. And once again Kansas is on the forefront regarding personal liberties / individual rights. (excepting same sex marriage)

    Ad Astra Per Aspera

  17. And this is why I may accept a promotion and move to Kansas. Colorado, as beautiful a place as there is, has passed the point of no return and I won’t continue to fund its demise with my tax dollars.

  19. At one point John Brown fought for civil rights in Kansas. Now it appears that Gov. Brownback has taken up the sword. Wonder who will provide the Beecher’s Bibles for the cause?

  20. And so it begins. What I never expected is that it would begin in Kansas.

    I know for certain that there are Justices on the Supreme Court who are absolutely prepared to clip the Federal wings on the Commerce Clause, with Thomas in the lead. Ever since the Lopez case in 1955, he’s been gearing up for a fight. All I can say is, it’s about f^cking time.

    • Well, if I remember right, didn’t Col. Tanner tell the Wolverines the commies got as far as Kansas before they “stopped their buts cold?”
      …
      …
      Wolverines!

    • The response to the Lopez decision of requiring that the firearm had to have traveled in interstate commerce is still ridiculous. The idea that anything that ever was part of interstate commerce can be regulated pretty much in anyway the government wants is way beyond what I believe was intended by the commerce clause.

      I think this statement from US vs Lopez sums up my complaint of how the commerce clause is used.

      “Thus, if we were to accept the Government’s arguments, we are hard pressed to posit any activity by an individual that Congress is without power to regulate.”

      That was not the intent of the founders of this nation.

      • Hmmm… I wonder if I can have a gun incorporated?

        If it’s an artificial person, might it have the rights of free expression, association, travel et cetera…?

    • Well, we already know Roberts is going to vote for the Feds to have unlimited power under the Commerce Clause.

      • No, we don’t know that. What we do know is this, Thomas’ entire concurring opinion in United States v. Morrison:

        “The majority opinion correctly applies our decision in United States v. Lopez, 514 U. S. 549 (1995), and I join it in full. I write separately only to express my view that the very notion of a “substantial effects” test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce.”

        • Ralph, Robert already showed his true colors when he not only upheld Obamacare, but violated the powers of his office and re-wrote part of the law to skew it into being in line with what he could pass as constitutional.

          Regarding your quote – Yes, and? It’s been 18 years and the SCOTUS still has done nothing to stop the Fed’s usurpation of power and still lets them use a horribly skewed definition of the Commerce Clause to do anything they please. How many decades have to pass after SCOTUS says that the SCOTUS must act before they actually…you know….act?

    • Why wouldn’t it start in Kansas? “Bleeding Kansas” started things smoldering for the first War to Free Slaves.

  22. Liberal progressives:

    Pissy when states ‘want to’ enforce federal laws (eg, Arizona and immigration), pissy when states don’t want to enforce federal laws (eg, gun control) and happy when states go against federal laws (eg, marijuana).

    Can these hypocrites make up their minds? And when will they finally comprehend “States Rights” and the 10th amendment? News flash: If it’s not specifically spelled out in the Constitution, the Federal Government has no right nor reason to do it…. it even says so, in plain English, in the very same document.

    • I’ve had a guy on Reddit argue with me for like a week that “states have to follow Federal laws, even on unconstitutional things” and that “treaties can control anything in the State level, even on things the Federal government is banned from doing”. Sadly it appears that crooked judges have ruled far too many times that the Feds do have infinite power, so who knows how we’ll ever undue that without a violent revolution.

      • These Luciferians will not relinquish their positions- they have the Money, Metals, Gems, Natural Resources, all Medical, Food, Water, Military, Government Law Enforcement and the corrupt Judicial System- They control or have it all- They will need killing all way dead and no prisoners because they fully intend to kill any that fight and then surrender- That’s their orders that this ‘hyped up’ bunch want- They are prepared and can’t wait to open fire on civilians at their homes and on the streets- That’s why they put up all the cameras, of which all Street Cams must be destroyed because they will cost many lives- They have them up on the sides of Mountains and on all the Radio Towers and any place overlooking stretches of key intersections and narrow passages of Highway where they pick and choose who they will run out to destroy or simply send a Drone-

  23. Remember that CZ USA manufactures all of their weapons in Kansas City, Kansas. That means I could be seeing a full-auto Scorpion soon!

  24. Hmmm. It appears that the Feds have issued a fatwa demanding that Kansas submit to the will of the Progressives.

  27. TLDR version.

    To the Attorney General of the United States,

    Nuts.

    Sincerely,
    The State of Kansas

  28. “This is not a partisan issue in Kansas”.

    “The people of Kansas have clearly expressed their sovereign will”.

    Anyone can see the beauty of the mountains, it takes a SOUL to love the prairie.

    • I have driven though Kansas many times and have loved every minute of it! Long live Kansas!

  29. I sent a letter of encouragement to Gov. Brownback a couple days ago, and here follows this letter re-affirming mine and truly the majority of Kansans’ views! Kansans are a people (mostly) built on personal responsibility and a strong sense of civic pride, doing what’s right and helping your neighbor. From Walter Chrysler to Amelia Earhart, from our 3! astronaut’s to the Supreme Commander of Allied Forces in WWII Dwight D. Eisenhower, Kansan’s have always led by example and ‘Looked to the Stars Through Difficulty’.

    • Luckily none of the three astronauts our fine state has produced are named “Mark Kelly”!!

  30. It just occurred to me that, if the state, county, local LE agencies refuse to cooperate in the enforcement of federal laws, the feds will have no place to put the people they arrest. If a sheriff refuses to enforce federal laws, is he somehow bound to accept prisoners on federal charges?

    A lot of federal employees will be kept busy keeping people locked up. Do they have the manpower & facilities to do that? I don’t think so. Somebody’s (or several somebodies) setting up a serious SHTF situation.

    This may get interesting, soon.

  31. Kansas just wants to be out front again. They’re gonna party like it’s 1854.

  32. Indeed. In my county in Ks, my sheriff and county commission have made statements and passed a rsolution expressing support for SB102. Makes me proud to be a Kansasan. Although I am truly sorry we produced Sebelius.

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