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Kansas Facing Lawsuit Over Controversial Law Nullifying All Federal Gun Regulations

State Facing Lawsuit Over Controversial Law Nullifying All Federal Gun Regulations
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Associate Politics Editor, The Huffington Post

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PERRY, IA - JANUARY 02: Kansas Governor Sam Brownback gives a speech supporting Texas Governor and Republican presidential candidate Rick Perry at the Hotel Pattee on January 2, 2012 in Perry, Iowa. The GOP presidential contenders are crisscrossing Iowa in the final stretch of campaigning in the state before the January 3rd caucus, the first test the candidates must face before becoming the Republican presidential nominee. (Photo by Andrew Burton/Getty Images)

The Brady Center to Prevent Gun Violence announced Monday plans to sue the state of Kansas over the Second Amendment Protection Act, a Kansas law that exempts all state-made firearms that have not crossed state lines from all federal gun control laws.

Under the current statute, “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."

The Brady Center views the law, signed by Gov. Sam Brownback (R) in April of 2013, as an unconstitutional violation of federal law that “cripples law enforcement’s ability” to combat gun crimes by allowing the sale of firearms to individuals otherwise prohibited from owning them.

According to a Brady Center press release Monday:

The law allows the sale of firearms to violent domestic abusers and permits the sale of handguns to minors under the age of 21. It also allows gun manufacturers in the state to make guns without serial numbers and guns designed to avoid metal detectors. The law prohibits background checks for guns made in Kansas and the tracking of guns used in crimes. It also prevents local authorities from referring gun crimes to federal agencies.

Details of the Brady Center’s impending lawsuit, which will be filed in the U.S. District Court of Kansas, will be announced in a news conference Wednesday.

Brownback responded to news of the lawsuit in a statement Monday.

"As I have said previously, the right to keep and bear arms is a right that Kansans hold dear. It is a right enshrined not only in the Second Amendment to the United States Constitution, but also protected by the Kansas Bill of Rights," Brownback said. "The Obama administration attacked this legislation when I signed it more than one year ago. It now appears that they have found some Washington DC lawyers to do their bidding. We will vigorously defend the rights of Kansans in this litigation.”

A similar nullification law in Montana, the 2009 Firearms Freedom Act, was struck down in 2013 by the 9th U.S. Circuit Court of Appeals, which upheld the federal government’s power to regulate interstate commerce on items such as guns.

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Before You Go

Obama's Executive Actions On Gun Violence
Increase Access To Background Check Data(01 of23)
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Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system. (credit:AP)
Remove Legal Barriers On Background Checks(02 of23)
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Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system. (credit:AP)
Incentivize Sharing Of Background Check Data(03 of23)
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Improve incentives for states to share information with the background check system. (credit:AP)
Review Criteria For Gun Ownership(04 of23)
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Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks. (credit:Getty Images)
Background Checks For Returning Seized Guns?(05 of23)
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Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun. (credit:AP)
More Guidance On Background Checks(06 of23)
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Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers. (credit:Getty Images)
Safe & Responsible Gun Ownership(07 of23)
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Launch a national safe and responsible gun ownership campaign. (credit:Getty Images)
Gun Lock & Safes(08 of23)
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Review safety standards for gun locks and gun safes (Consumer Product Safety Commission). (credit:Getty Images)
Improve Gun Tracking In Criminal Investigations(09 of23)
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Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations. (credit:AP)
Report On Lost & Stolen Guns(10 of23)
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Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement. (credit:AP)
ATF Director(11 of23)
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Nominate a director for Bureau of Alcohol Tobacco and Firearms. (credit:AP)
Training For Law Enforcement(12 of23)
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Provide law enforcement, first responders, and school officials with proper training for active shooter situations. (credit:Getty Images)
Maximize Enforcement Efforts On Gun Crime(13 of23)
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Maximize enforcement efforts to prevent gun violence and prosecute gun crime. (credit:Getty Images)
Increase Research On Gun Violence(14 of23)
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Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence. (credit:AP)
Prioritize New Gun Technology(15 of23)
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Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies (credit:Alamy)
Clarify Obamacare On Doctors & Guns(16 of23)
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Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes. (credit:Alamy)
Inform Doctors On Reporting Threats(17 of23)
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Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities. (credit:Alamy)
School Resource Officers(18 of23)
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Provide incentives for schools to hire school resource officers. (credit:AP)
Develop Emergency Response Plans(19 of23)
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Develop model emergency response plans for schools, houses of worship and institutions of higher education. (credit:AP)
Clarify Scope Of Medicaid's Mental Health Coverage(20 of23)
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Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover. (credit:AP)
Finalize ACA Regulations(21 of23)
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Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges. (credit:Getty Images)
Address Mental Health Parity(22 of23)
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Commit to finalizing mental health parity regulations. (credit:Getty Images)
Start Dialogue On Mental Health(23 of23)
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Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health. (credit:AP)
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