The Brady Center to Prevent Gun Violence issued notice Monday of its intention to file a lawsuit against Gov. Sam Brownback to challenge a sweeping state law nullifying enforcement of federal firearms restrictions in Kansas.
Brownback said in response that attorneys for the state would vigorously defend the gun rights of Kansans.
Attorneys working for the Brady Center plan to challenge the constitutionality of Kansas' law, known as the Second Amendment Protection Act, in U.S. District Court. Details of a legal argument that the state law undermines federal gun laws in Kansas are to be revealed Wednesday during news conferences.
In April 2013, U.S. Attorney General Eric Holder sent a letter to Brownback asserting the Kansas law was unconstitutional. He cited the supremacy clause of the U.S. Constitution to contest the state's position that federal employees could be blocked from carrying out their responsibilities.
A provision of Senate Bill 102 exempts firearms manufactured and owned in Kansas from being subjected to federal law, regulation or authority. The bill's supporters did soften the measure by dropping language calling for arrest or detention of federal agents who sought to enforce federal gun control in Kansas.
"In purporting to override federal law and to criminalize the official acts of federal officers, (the law) directly conflicts with federal law and is therefore unconstitutional," Holder said.
Brownback said the reform bill he signed earned bipartisan support and wasn't worthy of intervention in a federal court. Kansans have repeatedly affirmed a commitment to protection of their fundamental right to bear arms and to preserve sovereignty of the state of Kansas, the governor said.
"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, D.C., lawyers to do their bidding."
Kansas Attorney General Derek Schmidt anticipated a legal challenge to the law and requested the Legislature budget $225,000 over a two-year period to cover costs of a legal contest.
In 2014, Brownback followed last year's law targeting federal enforcement by signing a bill that eliminated a patchwork of city and county restrictions on firearms. The latest measure implemented July 1 made it legal statewide to openly carry firearms and established new standards for lawful carrying of concealed weapons.
In a Monday news advisory, attorneys for the plaintiffs in Brady Campaign v. Brownback contend the 2013 state law to be unconstitutional. They argued the law allowed gun manufacturers in the state to make guns without serial numbers and to build guns designed to avoid metal detectors.
In addition, the law prohibited background checks for guns made in Kansas and the tracking of guns used in crimes. The law prevented local authorities from referring gun crimes to federal agencies.
The state law enabled otherwise prohibited individuals to obtain guns and crippled law enforcement’s ability to investigate gun crimes. It opened the door to sale of firearms to violent domestic abusers and sale of handguns to minors under the age of 21, the Brady Center said.
The Brady Center is a nonprofit organization that develops and implements public safety programs and utilizes the courts to reduce gun violence. The center's Legal Action Project represents victims of gun violence in cases against irresponsible gun sellers and owners.
