Brady Sues Kansas over Second Amendment Protection Act

At Law Shield, we’re not surprised to see that a new law that “makes it a felony to attempt to enforce federal gun laws in Kansas” is already facing a legal challenge from the Brady Campaign to Prevent Gun Violence.

On July 9, the Brady Campaign filed suit against Kansas Governor Sam Brownback and Kansas Attorney General Derek Schmidt over the Second Amendment Protection Act, which 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 the Brady complaint, the Act is unconstitutional because it violates the Supremacy Clause, which declares that federal law is supreme and gives final power to interpret the Constitution to federal courts, not state legislatures. The complaint also argues that federal regulation of firearms is permitted by the Commerce Clause and that the law’s prohibitions on enforcing federal gun laws violates Kansas citizens’ due process because the law is “unconstitutionally” vague.

Related: In the 1997 case Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers. It will likely be years before there is a final ruling in this case or similar ones in Missouri and Montana.

Comment moderation is in use. Please do not submit your comment twice — it will appear shortly.