Governor Brownback’s missing voice in Kansas’ “2nd Amendment Protection Act” lawsuit

In 2nd Amendment, Bill of RIghts, Conservatism, Constitution, Current Events, Uncategorized by Patrick JamesLeave a Comment

screen-shot-2016-10-16-at-2-36-33-pm“Firearms, accessories and ammunition manufactured and kept in Kansas are exempt from federal gun control laws.” As is written in the Kansas Second Amendment Protection Act (Senate Bill 102), signed into law by Kansas Governor Sam Brownback, April 16, 2013. So it is stated, so it is law… or so Kansas residents rightfully believed.

When Kansas Governor Sam Brownback signed Senate Bill 102 into effect, we applauded his efforts and supported that state’s right to further protect itself from unconstitutional federal infringement. Now it seems, he may not have read the bill in its entirety.

“The Second Amendment Protection Act” seems pretty cut and dry. As the name implies: It provides Kansas residents protection of their Second Amendment rights by exempting them from federal gun control laws (past, present or future), including bans or restrictions on certain guns, magazines or ammunition, for ALL guns and accessories within the state’s borders.

“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 words above are pretty strong, and the first time I read them, I thought to myself; “Kansas politicians have grown a huge pair of balls. I wish Texas would tow this line as well.” For those of you who don’t know, it has been my mission throughout the last five years, to champion for the Second Amendment. To shed light upon the injustices in our country that attempt infringement upon our “right to keep and bear arms”. In fact, my advocacy (Cold Dead Hands) has attracted the attention of millions of readers via our website and social media channels, as we continue to ensure that the Second Amendment to the Constitution of the United States of America, remains intact.

Now you may be asking yourself; what has recently happened to bring this Kansas law into the media forefront? It seems that a federal jury in Wichita found Kansas residents Shane Cox and Jeremy Kettler guilty on various counts of violating the National Firearms Act. Let’s examine the acts that were perpetrated by these men: Shane Cox is being charged with manufacture and distribution of illegally manufactured firearms and firearms related products (silencer), and Jeremy Kettler is guilty of purchasing and possessing the unregistered silencer. They both argued in their defense that they relied in good faith upon the Kansas Second Amendment Protection Act as justification for not complying with illegal federal regulations. The Kansas statue, declares that certain federal laws violate the U.S. Constitution and are void and unenforceable as well as stating that Kansas firearms regulations govern in areas outside federal authority, as was granted to the state of Kansas at the time of that state joining the Union in 1861.

I will duly note that Kansas Attorney General Derek Schmidt is standing his ground in regards to the Kansas statue, making this statement; “If, through its ruling on [the defendant’s] motion to dismiss or otherwise, this Court were to find the constitutionality of the Second Amendment Protection Act to be at issue here, the Court should hold that the Kansas Act is constitutional because it merely regulates what the federal government may not regulate,” Schmidt wrote. “The intent of the Second Amendment Protection Act is to reaffirm the constitutional limits on Congress’s authority to regulate firearms, firearms accessories and ammunition under the Constitution and thereby protect the rights reserved to Kansas and its citizens under the Second, a Constitution DayNinth, and Tenth Amendments.”

Now this again “seems pretty cut and dry to me“, through the words of AG Schmidt and his voiced opinions as well as the law passed by Kansas legislators and signed by their governor. What’s missing in this equation is the Governor’s voice? It seems he may be backpedaling a bit as his signature on this law, the ink long since dried, implies his support of these men.

We as American citizens have been given one of the greatest legacies ever bestowed upon mortal men; “the wisdom and guidance of our Founding Fathers” as they went about creating a government for the people. A government that must follow the rules and regulations handed down through our Constitution and Bill of Rights that protect us from their infringement.

It is now our job to ensure that our government and those that work for our government, follow those rules. Many have postulated throughout the years as to how We the People ensure that our rights remain intact, but to no avail, we have lost significant ground. We have lost control of our government and those that work for it, through complacency. If we are to ever regain control of what our Founders intended, then we must start doing the work ourselves and quit relying on “advocates” to do it for us.


Kansas Governor Sam Brownback

As this state law insists, their 10th Amendment right which is similar to an earlier provision of the Articles of Confederation: “Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.”  The 10th Amendment reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” It seems the belief of the Kansas State government and its people, that they have the expressed right to exclude themselves from unconstitutional laws as provided for by the Constitution of the United States of America. Either We the People start acting like responsible citizens and ensure that politicians hold up to their actions and promises, or stop whining about the loss of liberty and freedom. It’s time to “put up or shut up”!

Governor Brownback, the choice is yours: stand up for what you believe in, take responsibility for your actions and provide for the people you govern… or suffer the consequences of an angry populace. We will not go quietly. As you may have noticed, We the People spoke this year. We are tired of weak, pathetic politicians running this country and we will not tolerate it any longer.





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