Attorney General Holder threatens Kansas over state gun nullification bill

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.”...more

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