Fight Brewing Between Eric Holder And Kansas Over Gun Nullification Law

05 May, 2013 by William Teach

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The irony is delicious: top cop Eric Holder, who ignored US and Mexican law when agencies under his control walked high powered weapons of war (to use the Left’s terminology) across the border into Mexico, without bothering to inform the government of Mexico as to Operation Fast and Furious, but is now upset that Kansas has passed a gun law.

(Examiner) The office of Kansas Gov. Sam Brownback received a letter from U.S. Attorney General Eric Holder on Thursday, informing Brownback that his state’s recent passage of Senate Bill (S.B.) 102, which nullifies any new federal gun control laws within the state of Kansas, will not be considered legitimate by the federal government.

S.B. 102 is “unconstitutional” because in “purporting to override federal law and to criminalize the official acts of federal officers…(the bill) directly conflicts with federal law,” Holder wrote.

“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,” Holder continued. “Under the Supremacy Clause of the United States Constitution, Kansas may not prevent federal employees from carrying out their official responsibilities. And a state may not criminalize the exercise of federal responsibilities. Because S.B. 102 conflicts with federal firearms laws and regulations, federal law supersedes this new statute; all provisions of federal firearms laws and regulations and their implementing regulations therefore continue to apply.”

Holder concluded by informing Brownback that “federal law enforcement agencies…will continue to execute their duties to enforce all federal laws and regulations,” and he then threatened the state with “litigation, if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”

We’re still anxiously awaiting Holder’s threat to sue Colorado for passage of their pot usage law, which violates federal drug laws. Anyhow, Gov. Brownback replied simply, telling Holder to go pound sand, or whatever it is hard core Progressives pound

(KAKE) “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.”

Holder won’t, because this move by Kansas interferes with the gun grabbing ways of Democrats, as well as the massive Federal Government primacy Democrats want. This could set up a nice showdown at the Supreme Court, revolving around multiple Amendments, especially the 10th, along with the “supremacy clause”, both of which could see the power of the Federal government rolled back into accordance with the Constitution. The Feds can’t just write a law and claim all have to follow it if it is not in accordance with the Constitution.

Let’s hope Holder sues.

Crossed at Pirate’s Cove. Follow me on Twitter @WilliamTeach.