Kansas seeks to dismiss gun lawsuit challenge

Handgun (KSN File Photo)

WICHITA, Kansas – Kansas has asked a court to dismiss a lawsuit filed by a national gun control group against a state law that challenges federal authority to regulate firearms.

The state contended in a court filing Monday in U.S. District Court that the Washington-based Brady Campaign to Prevent Gun Violence has no legal standing to challenge its law. The statute declares the federal government has no authority to regulate guns made, sold and kept only in Kansas, and allows felony charges against any federal employee who tries to enforce federal regulations for Kansas firearms and ammunition.

The attorney general’s office argues Kansas is enforcing the Second Amendment by punishing violations of the established rights of Kansans.

“The plaintiffs in this case have not been harmed, there is no actual legal dispute underlying their political and rhetorical complaint, and in any event the Kansas statute is a valid exercise of the state’s authority,” Kansas Attorney General Derek Schmidt said. “The Second Amendment Protection Act does not seek to nullify existing federal gun control laws, nor does it criminalize any conduct that is not properly punishable as a crime. The law seeks instead to enforce the Second Amendment and the Tenth Amendment, by codifying existing Commerce Clause precedents and punishing violations of the established rights of the people of the State of Kansas.”

The Brady Center contends the law ignores regulations that protect public safety and help law enforcement.

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