Nullification as it relates to gun control

The right of states to refuse to enforce unconstitutional federal acts is known as nullification.

Nullification is a concept of constitutional law recognizing the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution.  Nullification exists as a right of the states because the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.

Kansas has recently passed a law, enacting the idea of nullification, to stand against the power of the federal government to confiscate firearms.  It would seem that the people of Kansas have a different interpretation of the U.S. constitution than the attorney General of the United States.  Eric Holder has written a letter to Kansas Governor Sam Brownback, dated April 26th, 2013 stating it has the right to send federal agents to Kansas to confiscate firearms if it feels like it needs to do so.  It will be interesting to see how this plays out.

On another note, Arkansas passed a law to become the 5th state with a Constitutional Carry law.  Act 746, which was sponsored by Representative Denny Altes of Fort Smith, passed the state government with only one “nay” vote in the legislature and it received Governor Mike Beebe’s signature on April 4th.   Gun owners in most states have to carry around a permit that proves that they can legally carry firearms. In Constitutional carry states, the burden of proof falls on state prosecutors to prove that citizens are carrying a gun with the intent of committing a crime.  The Law is to take effect in July 2013.


Sources:
http://www.scribd.com/doc/138995467/Eric-Holder-Threatens-Kansas-Over-Gun-Control-Nullification
http://spreadlibertynews.com/eric-holder-says-feds-will-ignore-state-laws-and-enforce-gun-grab/
http://www.thenewamerican.com/usnews/constitution/item/15132-kansas-gov-signs-watered-down-second-amendment-protection-act
http://www.arkansascarry.com/media/kunena/attachments/556/Act746pressrelease.pdf


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