Friday, November 28, 2014

Anti-gun group plans challenge to Kansas law

By The Herald Staff | 7/7/2014

TOPEKA — Gun rights in Kansas are under fire once again, Gov. Sam Brownback said Monday.

In response to reports that the Brady Center to Prevent Gun Violence plans to file a lawsuit against the Sunflower State’s “Second Amendment Protection Act,” which exempts federal laws from Kansas-made firearms, Brownback said Kansas will defend residents’ gun rights.

TOPEKA — Gun rights in Kansas are under fire once again, Gov. Sam Brownback said Monday.

In response to reports that the Brady Center to Prevent Gun Violence plans to file a lawsuit against the Sunflower State’s “Second Amendment Protection Act,” which exempts federal laws from Kansas-made firearms, Brownback said Kansas will defend residents’ gun rights.

“As I have said previously, the right to keep and bear arms is a right that Kansans hold dear,” Brownback said. “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 Kansas law in question states firearms made in the state that have not crossed state lines are exempt from gun control laws at the federal level.

Brownback said Kansans have “overwhelmingly” decided that the right to bear arms should be protected, and mentioned the Ninth and Tenth amendments as proof that the U.S. Government cannot govern the state’s understanding of the Second Amendment.

“The people of Kansas have repeatedly and overwhelmingly reaffirmed their commitment to protecting this fundamental right,” Brownback said. “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 Brady Center to Prevent Gun Violence’s lawsuit isn’t the first time the legislation had been scrutinized, Brownback said.

“The Obama administration attacked this legislation when I signed it more than one year ago,” Brownback said. “It now appears that they have found some Washington D.C. lawyers to do their bidding. We will vigorously defend the rights of Kansans in this litigation.”

The Brady Center to Prevent Gun Violence said it would challenge the state’s Second Amendment Protection Act because the law is unconstitutional, according to media reports. The Kansas law allows the sale of firearms to people who would otherwise be prohibited, including domestic abusers, and the law hinders law enforcement’s ability to fight gun crime, the group said. The law also prohibits background checks on guns made in Kansas and allows manufacturers to make guns without serial numbers, according to reports.

The Brady center plans to talk about the specifics of the lawsuit in a news conference Wednesday, according to reports.

comments powered by Disqus