Sunday, Feb. 24, 2013
Kansas gun rights bill draws controversy
The Associated Press
TOPEKA The chief sponsor of a measure to put federal agents in prison for attempting to enforce federal gun restrictions in Kansas alleges an assistant state attorney general was trying to undercut his legislation when he testified about it.
Assistant Attorney General Charles Klebe expressed legal concerns about House Bill 2199, known as the Second Amendment Protection Act, in written testimony, the Lawrence Journal-World reported.
Under the bill, any personal firearm, accessory or ammunition owned or manufactured in Kansas that stays in the state would not be subject to federal law.
Any federal authorities trying to enforce any kind of rule on such a firearm would face possible prison time.
“To state the obvious, the Supremacy Clause of the United States Constitution cannot be waived by state law,” Klebe said.
He said Kansas officers could face obstruction of justice charges if they tried to prevent federal authorities from enforcing federal gun laws.
Rep. John Rubin, a Shawnee Republican and the bill’s main sponsor, called Klebe’s assessment “frankly, dead wrong.”
“The Supremacy Clause does not apply to federal laws, regulations or orders that are unconstitutional,” Rubin said.