A federal judge has dismissed a national gun control group’s lawsuit against Gov. Sam Brownback over a 2013 law that creates a felony charge for individuals enforcing federal gun regulations.
“Brady Campaign lacks Article III standing to challenge the Second Amendment Protection Act in this lawsuit because it has not shown that enforcement of the statute inflicts an actual or imminently-threatened injury on any Brady Campaign member,” U.S. District Court Judge Julie Robinson wrote Friday.
As a result, Robinson said, the district court couldn’t consider the merits of the Brady Campaign’s arguments.
The Kansas statute known as the Second Amendment Protection Act, passed in April 2013, states firearms made and kept in Kansas are exempt from federal gun laws. It provides for the filing of felony charges against any federal employee attempting to enforce federal regulations on Kansas firearms and ammunition.
“A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action,” the law states.
The Brady Center lawsuit cited the Supremacy Clause of the U.S. Constitution — which says federal law rules supreme over state law — among the reasons to declare the law unconstitutional. The group also claimed the law was too vague by both U.S. Constitution and Kansas Constitution standards.
Robinson wrote that the Brady Center, as the plaintiff, “must be suffering a continuing injury or be under a real and immediate threat of being injured in the future” as a consequence of the law.
http://m.cjonline.com/news/2015-06-...aign-lawsuit-against-kansas-gun-law#gsc.tab=0
“Brady Campaign lacks Article III standing to challenge the Second Amendment Protection Act in this lawsuit because it has not shown that enforcement of the statute inflicts an actual or imminently-threatened injury on any Brady Campaign member,” U.S. District Court Judge Julie Robinson wrote Friday.
As a result, Robinson said, the district court couldn’t consider the merits of the Brady Campaign’s arguments.
The Kansas statute known as the Second Amendment Protection Act, passed in April 2013, states firearms made and kept in Kansas are exempt from federal gun laws. It provides for the filing of felony charges against any federal employee attempting to enforce federal regulations on Kansas firearms and ammunition.
“A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action,” the law states.
The Brady Center lawsuit cited the Supremacy Clause of the U.S. Constitution — which says federal law rules supreme over state law — among the reasons to declare the law unconstitutional. The group also claimed the law was too vague by both U.S. Constitution and Kansas Constitution standards.
Robinson wrote that the Brady Center, as the plaintiff, “must be suffering a continuing injury or be under a real and immediate threat of being injured in the future” as a consequence of the law.
http://m.cjonline.com/news/2015-06-...aign-lawsuit-against-kansas-gun-law#gsc.tab=0
