Sunday, July 5, 2015

New Kansas Gun Law Goes Into Effect

On June 6th, it was that a federal judge has dismissed a national gun control group’s lawsuit against Gov. Sam Brownback over a 2013 law that creates a felony charge for individuals enforcing federal gun regulations.

“Brady Campaign lacks Article III standing to challenge the Second Amendment Protection Act in this lawsuit because it has not shown that enforcement of the statute inflicts an actual or imminently threatened injury on any Brady Campaign member,” U.S. District Court Judge Julie Robinson wrote in his decision.

Judge Robinson said, as a result, the district court couldn’t consider the merits of the Brady Campaign’s arguments.

The Kansas statute known as the Second Amendment Protection Act, passed in April 2013, states "firearms made and kept in Kansas are exempt from federal gun laws."

It provides for the filing of felony charges against any federal employee attempting to enforce federal regulations on Kansas firearms and ammunition.

"A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action," the law states.

The Brady Center lawsuit cited the Supremacy Clause of the U.S. Constitution, which says federal law rules supreme over state law, among the reasons to declare the law unconstitutional.

Judge Robinson wrote the Brady Center, as the plaintiff, "must be suffering a continuing injury or be under a real and immediate threat of being injured in the future" as a consequence of the law.

The ruling states. "Brady Campaign does not claim that any of its members have suffered an actual injury from a ‘Kansas’ firearm or any other weapon as a result of the Act’s enforcement,  Rather, Brady Campaign argues that the Act imposes an unacceptable risk of future gun violence on the organization’s Kansas-based members."

The Brady Campaign named one member in particular: Hiawatha Mayor Crosby Gernon. The group argued that Mayor Gernon could face criminal prosecution as a federal agent under the new law, if he worked with federal law enforcement groups conducting investigations in Hiawatha.

Judge Robinson wrote in dismissing that the Brady Campaign’s argument, "The Court is unable to conclude that Plaintiff met its burden of establishing an injury in fact for any of its members based on an increased risk of violence under the Act."

Also Judge Robinson wrote that the Brady Campaign’s argument that Mayor Gernon could face prosecution was "wholly conjectural."

Judge Robinson said, "The facts alleged in Brady Campaign’s Complaint, however, do not suggest that he has ever acted under federal authority in the past or that he will have occasion to do so in the future.  In fact, the Complaint does not allege that Mayor Gernon’s official duties call for interaction with federal officers at all."

Kansas Attorney General Derek Schmidt praised Robinson’s ruling saying, "This legal challenge lacked merit, and I appreciate the federal court’s ruling that the Washington, D.C.-based plaintiffs lacked standing to challenge this duly enacted Kansas law,"

On July 1st, a new law allows Kansans to carry a concealed gun without a permit.

Gun owners won't need a permit or training to carry a concealed weapon. Kansas becomes the fifth state in the nation with such a law.

But there is one caveat, because other states still insist on regulating an American citizen's ability to protect one's self without a permit, if a Kansan carries outside of the state, in another state that does require permits, then Kansans will still need a Concealed Carry Permit.

One report said that Kansans in other states will be required to prove they underwent firearms training, but that is false. The permit itself does just that.

Just having a permit from a state, such as say California, proves you underwent classes and training to obtain the permit. Most states require classes and training to obtain a Concealed Carry Permit.

Kansas residents 21 and older can carry a concealed gun without obtaining a state permit, avoiding a requirement for eight hours of training. However, the state still will still issue permits so that Kansas residents can carry concealed weapons in other states.

Cities and counties also are prohibited from imposing special fees or taxes on gun sales, outside of their normal local sales taxes.

Yes, the new laws allows Kansans to carry a concealed gun without a permit. It is called "constitutional carry," and Kansas is reportedly the sixth state to enact this rule.

Americans who support the law say it is their Constitutional Right to carry a gun, so the government shouldn't heavily regulate how they do it. And yes, I am sure Liberal anti-gun politicians are having fits over this.

While Liberals are for gay marriage and see that as a "Constitutional Right" though there is no mention of gay marriage in the Constitution, they see our 2nd Amendment Rights as being archaic and unneeded.

What Liberals refuse to accept is that Americans have the right to defend ourselves against bad people with bad intentions.  

"More good people will have guns, and I think it will deter the bad people from robbing people," said Kansan Ken Nagle of Gardner.

And yes, I agree.

Tom Correa

1 comment:

  1. A new gun law in Kansas? Why didn't somebody tell Dorothy and Toto? Haha.


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