An organization opposed to gun violence filed a lawsuit Wednesday in U.S. District Court against Kansas' governor and attorney general to strike down a state law declaring Kansas-manufactured and possessed guns exempt from federal gun restrictions.
The Brady Center to Prevent Gun Violence's complaint asserts the Second Amendment Protection Act signed into law during 2013 by Gov. Sam Brownback to be a violation of the U.S. Constitution.
"Kansas’ gun nullification law is not just bad public policy, it is patently unconstitutional," said Jonathan Lowy, director of the Brady Center's Legal Action Project in Washington, D.C. "Courts have recognized for years that states cannot just declare ‘null and void’ federal laws they do not like or wish to enforce."
“Just as Southern states were not allowed to opt-out of federal civil rights laws, the constitution does not allow Kansas or any other state to nullify federal gun laws that protect Kansans and all Americans from gun violence," Lowy said.
In response, Attorney General Derek Schmidt said the state would defend the Kansas law intended to safeguard Kansas' constitutional rights.
Here's some Right Wing crazy out of all this, not just the original looniness of the bill: Under the Kansas statute, people prohibited by federal law from buying or possessing firearms could avoid background checks when purchasing unlicensed guns manufactured in Kansas. The state law allows the manufacturing of guns without serial numbers and making of guns designed to evade metal detectors. That is nearly unbelievable. They want to let gun manufacturers in Kansas make the guns WITHOUT SERIAL NUMBERS and then make guns that could EVADE METAL DETECTORS.
I'm sure every judge in every courthouse in the nation would love to hear that beauty, along with every IRS office oh, and anyone and everyone who flies on jet planes in this nation or even goes remotely near an airport. What insanity.
Fortunately, there's some hope in all of this: A Montana law similar to Kansas' approach was struck down by a federal appellate court.
But the NRA and weapons supporters and the Right Wing--and gun manufacturers--can only scream "MORE GUNS!"