If you must ask permission of the federal government before you can defend your life, your liberty, your property, you are not free. You are a slave.
In 2013 the state of Kansas passed it’s version of the Second Amendment Protection Act. Eighty percent of the state legislators in Kansas agreed that Kansas was a sovereign state and that it’s citizens were free and sovereign citizens. And Eric Holder promptly threw a hissy fit and as KrisAnne Hall stated, sent a letter threatening an entire sovereign state. Like she says, no shortage of ego on the man responsible for countless deaths stemming from Operation Gunwalker, aka Fast & Furious.
But there was much chest thumping and back slapping in the state of Kansas when this bill passed. No shortage of chests and backs on those Kansas legislators. What there IS a shortage of, is balls.
The Kansas version of SAPA (Second Amendment Protection Act) is much like that of many other states. It is a combination of Second Amendment and Tenth Amendment which states “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.”
In 2014 Shane Cox who owned a Army Surplus store, Tough Guys, in Chanute Ks actually believed that legislators meant what they said when they signed SB-102 into law. Part of the law read
“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”
Mr. Cox contacted the Chanute Police Dept. and checked, could he manufacture sound suppressors with SB-102 in effect? Yes according to the Police, he could. And so he did.
Sec. 4. (a) 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, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas.
Mr. Cox had customers for his homemade suppressors, one of which was a Lieutenant on the Chanute Police Dept. but thats another story.
So the chief of the Dept of Injustice at the time Eric Holder threw his hissy and the DOJ took a break from committing their usual crimes and came to Kansas to harass a legal business owner. Yep, the Jackboots of the ATF hit the town of Chanute.
When BATFE raided his story Mr. Cox called first the Neosho Co. Sheriff’s Department, then the Chanute Police Department. Both who came, talked to the agents and left.
There are several problems with this. In the first place according to the Kansas SAPA, what Mr. Cox did was perfectly legal as long as the suppressors remain in the state. Second, what BATFE was doing was committing a crime. Third, law enforcement of the Sheriff’s Department and the Police Department just let it go. They did not enforce their state’s law. By law? BATFE agents should have been arrested, warned off, whatever. This was such a serious threat to public safety that the BATFE waited four months after they raided the store before they charged him.
The second man to be caught up in the jaws of the federal leviathan is a Mr. Kettler who is a disabled veteran. He was a customer of Mr. Cox and he had purchased a sound suppressor and then filmed a live fire test of the suppressor. None of this is illegal. Mr. Cox had many people who had purchased his sound suppressors, one of which was the police lieutenant, who threw his in the river when he heard about BATFE. Mr. Kettler did not throw his suppressor in the river, and in fact told BATFE they were committing a felony. Which is probably why he is the only customer that BATFE went after.
When this went to trial, Chief Judge J. Thomas Marten , who displays all the integrity and knowledge one would expect of a “Slick Willie” appointee would not even allow the law to be presented in court to the jury. Essentially he prevented them from defending themselves. No, I’m not kidding. And it gets worse.
The Kansas AG did intervene in the case, not on behalf of the defendants, but to defend the Kansas version of the SAPA as being Constitutional. He did so after one of the defendants filed a motion to dismiss the indictment.
But neither AG Derek Schmidt or Gov. Sam Brownback has done anything to help the two citizens of Kansas who actually thought the law meant what it said. They are not standing behind their citizens. In fact, I suspect they are hiding in a corner. Nor are any of the legislators who signed the bill into law.
BATFE for it’s part says the law doesn’t apply to what they are charging the two men with. And what they are charging them with is BS.
Making a false statement during a federal investigation; possession of an unregistered firearm; conspiracy; transfer of a firearm in violation of the National Firearm Act; making a firearm in violation of the NFA; and engaging in business as a dealer and manufacturer of firearms.
No actual firearms are involved in this, just the suppressors. But to the ever confused BATFE, a shoestring can be a machine gun. So.
Who has been supportive of the two men is Secretary of State Kris Kobach. He was one of the people who help craft the law.
The consequences of this have been pretty devastating for both men. Mr. Cox has lost his business, had to get another job and his wife left him after the trial. Mr. Kettler is a disabled Veteran and if he receives a sentence of more than 50 days in jail, and spends more than 50 days in jail he loses his VA benefits. As a disabled Veteran he says that is his main source of income.
Kris Kobach’s take on this?
this case is “a perfect example of a prosecution that should never occur.”
And this my friends, is why we do not want anti-gun tyrants elected to office. They appoint bottom of the barrel scrapings like that goofy “Chief” Judge Marten who have nothing to do with the law and everything to do with ideology. I figure if a politician is pro-victims, anti-gun they have something they want to do that they fear a free armed citizenry.
Two decent citizens of Kansas face sentencing on February 6th due to an incompetent “judge”, and lawless federal agency and a spineless AG and Governor. Yes, it’s great to get Second Amendment protection legislation signed into law, but if you haven’t elected the kind of people to back it and you? All you have is a loud explosive sound, like that a sound suppressor would muffle.
Which is a whole ‘nother question of “Seriously”? Because in places in anti-gun Europe? They are required. And that’s what this whole case is about, is sound suppressors.
But here is an amazing woman, KrisAnne Hall speaking about the subject, and she is well worth listening to.
Liberty, may we remember what it means and the price that has been paid for it.