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  1. #1
    Senior Member AirborneSapper7's Avatar
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    Eric Holder Threatens Kansas in Letter on Gun Control Nullification Law

    Eric Holder Threatens Kansas in Letter on Gun Control Nullification Law

    Posted by Michael Boldin

    On Thursday, Kansas Governor Sam Brownback received a letter from Federal Attorney General Eric Holder threatening action against the state should it enforce SB102 which Brownback signed into law last month.

    The new law states, in part:

    Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

    The bill also provides for criminal penalties against federal agents who attempt to enforce specific federal laws on guns manufactured in the state of Kansas and sold within the state – as the state takes the position under the new law that the federal government does not “interstate commerce” authority over such items.

    In his letter, Holder didn’t take too kindly to such a proposition. He wrote:

    “In purporting to override federal law and to criminalize the official acts of federal officers, SB102 directly conflicts with federal law and is therefore unconstitutional.”

    He continued, “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. 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.”

    Let’s take Eric apart here.

    1. Kansas is NOT purporting to criminalize the exercise of constitutional federal responsibilities. On the contrary, the bill criminalizes what the state has determined is unconstitutional. It is the position that such federal acts are indeed a violation of the Constitution. No matter how much Eric might believe it to be otherwise, his view is obviously not universal – especially in Kansas.

    2. The Supremacy Clause. Holder takes the position that all tyrants do – that everything they do is authorized, anything to the contrary – worthless. But Holder is wrong. The Supremacy Clause doesn’t say that “any law in conflict with federal law” is void. It says that only those laws “in pursuance” of the constitution are supreme. The new Kansas legislation, again, takes the position that such federal acts are not constitutional, and therefore not supreme.

    3. Historical Precedent. The 1850 Fugitive Slave Act was a federal law that basically required all states in the north to act as slave catchers for black people claimed as property in the South. It’s one of the most disgusting acts in American history. A number of northern states passed laws similar to the new Kansas law, criminalizing federal agents for attempting to kidnap people in their states. Although the feds still claimed the same kind of authority that Eric Holder has claimed today, they didn’t have the manpower to enforce. Read more about that here. As an aside, if Holder would like to take the position that such resistance to federal slave laws was wrong, he’s welcome to publicly state that.

    Eric capped off his letter by assuring the People of Kansas that the federal government will continue to enforce all federal gun laws.

    He wrote:

    “I am writing to inform you that federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the United States Attorney’s Office…will continue to execute their duties to enforce all federal firearms laws and regulations.”

    4. Manpower. That brings us to the most important fact, the federal government simply does not have the manpower to enforce all its laws already. The new Kansas law doesn’t just deal with firearms made within the state. It also bans all state and local agents from enforcing federal gun control measures. (learn about the bill in detail here). As Judge Andrew Napolitano has affirmed recently, such widespread noncompliance makes federal gun control laws “nearly impossible to enforce” (video here). So Eric can promise to enforce these federal acts all he wants. But if Kansas doesn’t help him, he might be able to get a 2% enforcement rate. Or, he’ll have to pull resources from other states.

    WHAT SHOULD THE RESPONSE BE?

    1. Hold the Line, and Tell Holder to buzz off. Seriously. This guy has been sending threatening letters to states around the country on medical marijuana laws for years (and so did his predecessors). In fact, those letters are often even more aggressive, threatening taking property or even criminal sanctions against state or local politicians. A letter last year threatened just that against the San Diego city council. (read it here) That community knows full well the threats that are constantly made against their liberties by Holder and his DOJ team. But they push on and keep doing what they believe is right. The People of Kansas need to stand strong in support of the 2nd Amendment and reject these threats from the DOJ.

    2. Local resistance. Recognizing that manpower is a VERY serious problem for the feds, people in Kansas should be constantly reaching out to county, city and town elected officials to respectfully press them into passing local ordinances to ensure that no assets will be used to enforce federal gun control. Covering the states in ordinances that provide backup to the new state law will ensure that federal gun control will be “nearly impossible to enforce.”

    LEARN MORE AND GET ACTION ITEMS HERE

    3. Call Sam Brownback. Flood his phone line with messages of encouragement and support. Let him know that the people have his back – that’s how governors show courage. Brownback has a chance to act like a hero to the entire country. In fact, people all over the country should send him letters in support – he’s going to need all the help he can get.

    CALLS (for Kansans only) 785-296-3232
    Mail (rest of the country)
    Office of the Governor
    Capitol, 300 SW 10th Ave., Ste. 241S
    Topeka, KS 66612-1590

    (or email here)
    4. Support efforts in other states. Kansas can’t do it alone. A similar bill is up for a signature in Alaska. Bills are moving forward in Missouri, Alabama and elsewhere. Every state and local community that does the same will make federal enforcement even more difficult, and eventually, the feds can pass all the “laws” they want, but they won’t have any effect.
    Track and model legislation here: http://tracking.tenthamendmentcenter.com/2nd
    JUST SAY NO!

    The bad guys always talk tough, and they want to scare you into compliance . But the fact remains – they don’t have the manpower to carry out all their threats. Even with almost full state and local cooperation, there are now 18 states defying DC on marijuana prohibition. As two states – Washington and Colorado – legalize what the feds say is illegal, we’re watching the beginning of the end of federal dominance over the states.

    On the right to keep and bear arms, people should follow the same path. Just say NO to Washington DC, and YES to liberty.

    Eric Holder Threatens Kansas Over Gun Control Nullification by Tenth Amendment Center

    Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and onFacebook.


    http://blog.tenthamendmentcenter.com...dRprQ.facebook


    Amnesty for 11 million will increase debt by $6.3 trillion And that doesn't count costs of 22 million additional legal immigrants in just 10 years!
    A Nation of of 3rd World Broke A@@es "AmeriKa" cannot afford an Invasion of Broke A@@es from the 3rd World

  2. #2
    Senior Member AirborneSapper7's Avatar
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    Holder Not Happy With Kansas For Trying To Preserve Second Amendment Rights…



    Boo-hoo, Eric.

    Via Washington Times:

    A new law in Kansas that criminalizes the enforcement of federal gun controls in the state is unconstitutional, Attorney General Eric H. Holder said.

    “In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional,” Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. “Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.”

    Mr. Holder cites the Supremacy Clause of the U.S. Constitution, which says federal law trumps conflicting state authority or exercise of power. Kansas’s law became effective April 25.

    Mr. Holder wrote 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.”


    Keep reading…


    http://weaselzippers.us/2013/05/02/h...ndment-rights/
    Amnesty for 11 million will increase debt by $6.3 trillion And that doesn't count costs of 22 million additional legal immigrants in just 10 years!
    A Nation of of 3rd World Broke A@@es "AmeriKa" cannot afford an Invasion of Broke A@@es from the 3rd World

  3. #3
    Senior Member AirborneSapper7's Avatar
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    Eric Holder to Kansas governor: New state gun law unconstitutional

    COMMENTS (400)
    By David Sherfinski
    The Washington Times
    Thursday, May 2, 2013

    ** FILE ** Kansas Gov. Sam Brownback. (Associated Press)more >

    A new law in Kansas that prevents government agents from enforcing federal gun laws in the state is unconstitutional, Attorney General Eric H. Holder said.“In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional,

    ” Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. “Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.”The measure, known as the Second Amendment Protection Act, prevents any law enforcement official from enforcing any federal regulation or law governing any firearm, accessory, or ammunition “manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas.

    ” It also exempts any firearm of the same description from federal regulation and allows state officials to enjoin agents from enforcing federal gun laws regarding firearms owned in the state.Mr. Holder cites the Supremacy Clause of the U.S. Constitution, which says federal law trumps conflicting state authority or exercise of power.

    Kansas’s law became effective April 25.Mr. Holder wrote 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.”Mr. Brownback replied to Mr. Holder on Thursday.“The right to keep and bear arms is a right that Kansans hold dear,” Mr. Brownback wrote in a letter dated May 2.

    “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,” he said.

    Mr. Brownback goes on to write that the legislation was passed on wide and bipartisan votes in the Kansas House of Representatives and the Kansas Senate (96-24 and 35-4, respectively), and that the Democratic minority leader in each chamber supported it.“This is not a partisan issue in Kansas,” he wrote. “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.

    ”A handful of states proposed similar laws as Congress was weighing measures to ban semiautomatic, military-style rifles and high-capacity magazines, as well as expanded background checks on gun purchases.An effort to expand gun-purchase background checks to sales online and at gun shows recently stalled in the U.S. Senate, though some proponents say similar legislation could be brought up later this year.



    Read more: http://www.washingtontimes.com/news/...#ixzz2SE3YcCLL

    Follow us: @washtimes on Twitter




    Amnesty for 11 million will increase debt by $6.3 trillion And that doesn't count costs of 22 million additional legal immigrants in just 10 years!
    A Nation of of 3rd World Broke A@@es "AmeriKa" cannot afford an Invasion of Broke A@@es from the 3rd World

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