10th Amendment Case Brings Probation
by Shari Dovale
The Kansas Second Amendment Protection Act, which passed in 2013, says firearms, accessories and ammunition manufactured and kept within the borders of Kansas are exempt from federal gun control laws.
The statute purportedly exempts from federal gun-control laws the firearms, accessories and ammunition manufactured commercially or privately in Kansas and kept within the state’s borders. The Kansas act made it a felony for a federal official to enforce certain directives of Congress regarding firearms.
This law was passed because the people in the State of Kansas have the right to live their life the way they choose within their own state borders. Gun control is unconstitutional and the citizens of Kansas put a stop to it within their state. This law was hailed as the toughest Second Amendment protection law in the nation.
This would be true IF the State of Kansas had enforced this law and backed up it’s citizens attempting to follow it.
Instead, when it came time to stand up, they lowered their heads like sheep.
Shane Cox, 45, owner of an Army Surplus store, was found guilty of multiple firearms charges and sentenced today. He received two years of probation and $800 in fines after being convicted in November.
28-year-old Jeremy Kettler, a disabled U.S. Army veteran, was named as a co-defendant in the case. He was sentenced to one year on probation and will pay a $100 fine for unlawful possession of an unregistered silencer.
U.S. District Judge J. Thomas Marten would not allow a defense citing the state law, however, he considered it in his sentencing.
“I am satisfied you both had a good faith belief that you are protected by that statute,” Marten said.
Therefore, he knew they had no intentions of breaking the law, and indeed verified that they were following state law. But the Federal Prosecutors and the Judge would not allow this defense during the trial, as the 10th Amendment does not seem to apply in Federal Court.
It is expected that this case will end up in front of the Supreme Court, and the verdict seems to have a good chance of being overturned.
As convicted felons, neither man is allowed to own or possess a firearm.
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.