Brady Campaign Sues to Prevent Kansas from Nullifying Federal Gun Laws

Brady Campaign Sues to Prevent Kansas from Nullifying Federal Gun Laws

On July 9, the Brady Campaign to Prevent Gun Violence filed suit against Kansas Governor Sam Brownback (R) and Kansas Attorney General Derek Schmidt over a state law–the Second Amendment Protection Act–that “makes it a felony to attempt to enforce federal gun laws in Kansas.”

The Second Amendment Protection Act says that “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.”

According to Courthouse News, “the Brady Campaign claims the bill is unconstitutional because it is designed to nullify federal law.” They base their claim on the District of Columbia v. Heller (2008) decision, which they say “made clear that the Second Amendment allows for reasonable firearms regulations, confirming the constitutionality of virtually all, if not all, existing and proposed federal firearms laws.”

The Brady Campaign points out that U.S. Attorney General Eric Holder has already written a letter to Governor Brownback claiming the law is unconstitutional.  In the letter, Holder compares the nullification of federal gun laws to the fight against the “integration of black students into all-white schools in the 1950s.”

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