Firearms Freedom Act in Kansas not being enforced

[dude58677]

http://www.anamericanwarning.com/2016/11/america-v-shane-cox/

Shane Cox and James Kettler who are gun dealers made homemade guns and labeled them as "Made in Kansas" and made it clear to purchasers that it was legal to buy them as they are exempt from federal law. The two dealers were convicted in federal court but no federal official was arrested for violating the law. State and local officials failed miserablely to do their jobs and only paid lip service to Kansas and gun rights. It doesn't matter that they have the law on their side with a slam dunk case.I t doesn't matter that they will have the courts on their side. It is all grandstanding.:mad:

[Keith and stuff]

http://www.anamericanwarning.com/2016/11/america-v-shane-cox/

Shane Cox and James Kettler who are gun dealers made homemade guns and labeled them as "Made in Kansas" and made it clear to purchasers that it was legal to buy them as they are exempt from federal law. The two dealers were convicted in federal court but no federal official was arrested for violating the law. State and local officials failed miserablely to do their jobs and only paid lip service to Kansas and gun rights. It doesn't matter that they have the law on their side with a slam dunk case.I t doesn't matter that they will have the courts on their side. It is all grandstanding.:mad:

We don't know for sure if they have the law on their side with a slam dunk case. I agree that the state law should stand. However, state or federal judges might disagree. Until this or similar laws have gone to court multiple times, we don't know. It is great that these folks volunteered to be test cases, though. They are better men than I.

[ChristianAnarchist]

Shouldn't be no stinking "gun laws"...

Goons gonna goon...

[phill4paul]

2 Kansas Men Spared Prison in Prosecution Over State Gun Law

A federal judge spared from prison two Kansas men convicted of federal firearms violations after taking into account Monday their mistaken belief that a Kansas law can shield from federal prosecution anyone owning firearms made, sold and kept in the state.

The sentence handed down by U.S. District Judge J. Thomas Marten still leaves intact the federal felony convictions against Shane Cox and Jeremy Kettler, both of Chanute, Kansas. Cox, 45, was given two years of supervised probation, and Kettler, 28, got one year of supervised probation.

Jurors in November returned eight guilty verdicts against Cox, the owner of the now-closed Tough Guys gun store in Chanute, under the National Firearms Act for illegally making and marketing unregistered firearms, including a short-barreled rifle and gun silencers. Kettler was found guilty on one count of possession of an unregistered silencer.

As convicted felons, neither man is allowed to own or possess a firearm.

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.

Marten told the two men that while state law is not available to them as a defense, it is a factor he can take into account at their sentencing.

"I am satisfied you both had a good faith belief that you are protected by that statute," Marten said.

In addition to Kansas, similar firearm nullification laws have been signed into law in Alaska, Arizona, Idaho, Montana, South Dakota, Tennessee, Utah and Wyoming, according to Everytown For Gun Safety, which advocates common-sense gun control laws.

"You have to understand where we are coming from: The federal government is not omnipotent... They have called everybody's bluff," said state Republican Rep. Mike Houser.

Cox and Kettler told the judge after learning of the proposed sentence that they appreciated him not sending them to prison. Cox also said he was "glad we have Trump as president," eliciting laughter from the packed courtroom of about 60 supporters.

Kettler said after the hearing that he plans to appeal, and said the state law that got him in trouble still stands and could also confuse others. The state should get with the federal government and "figure out who has the right" to control guns in Kansas, he said.

Defense attorneys contended that the National Firearms Act — a part of the Internal Revenue code enacted under Congress' power to levy taxes — is unconstitutional. They also argued that the federal law violated the Second Amendment as well as Tenth Amendment state rights protections of the U.S. Constitution.

"Somebody had to take one for the team," Cox said. "I was doing it out in the open, it wasn't a secretive thing."

http://abcnews.go.com/US/wireStory/kansas-men-spared-prison-prosecution-state-gun-law-45306125

[fedupinmo]

Unfortunately, it is impossible to get some courts to follow the law as written.
For a case in point, read the following section of our Missouri Constitution and the ruling at the bottom of the page and see if they agree...

http://www.moga.mo.gov/mostatutes/Consthtml/A010231.html

Judicial activism is a serious problem no matter where you go.

[tod evans]

Judicial activism is a serious problem no matter where you go.

When the men in a community became scared to hold judicial officials accountable justice went out the window.

[fisharmor]

We don't know for sure if they have the law on their side with a slam dunk case.

The people who crafted and voted for this law need their asses kicked to the curb. Like literally, they need to be thrown out face-first into the street outside the capitol building.

If they weren't willing to see this through, and we don't have any evidence that they actually were, then they were setting their constituents up to get arrested and imprisoned.

[fisharmor]

http://kanfocus.com/Text_113/20132199A.pdf


 It is unlawful for any official, agent or employee of thegovernment of the United States, or employee of a corporation providingservices to the government of the United States to enforce or attempt toenforce any act, law, treaty, order, rule or regulation of the government ofthe United States upon a firearm, a firearm accessory, or ammunition thatis owned or manufactured commercially or privately in the state of Kansasand that remains within the borders of Kansas. Violation of this section is aseverity level 10 nonperson felony

So they actually made it a felony.

However it looks like there is no remedy at all if a state chooses not to prosecute a crime. You're fucked, and that's all there is to it.

Yay statism!

[timosman]

When the men in a community became scared to hold judicial officials accountable justice went out the window.

The newly arrived men were new and did not know what was going on. :eek:

[pcosmar]

Judicial activism is a serious problem no matter where you go.

Tell me about it.
I was supposed to have a restoration of rights. and instead have a 4th felony. :(

[Superfluous Man]

http://www.anamericanwarning.com/2016/11/america-v-shane-cox/

Shane Cox and James Kettler who are gun dealers made homemade guns and labeled them as "Made in Kansas" and made it clear to purchasers that it was legal to buy them as they are exempt from federal law. The two dealers were convicted in federal court but no federal official was arrested for violating the law. State and local officials failed miserablely to do their jobs and only paid lip service to Kansas and gun rights. It doesn't matter that they have the law on their side with a slam dunk case.I t doesn't matter that they will have the courts on their side. It is all grandstanding.:mad:

Thanks for posting this news.

Is it too late to bring charges against any federal officials? Would it be worth the trouble to try to wage a campaign to pressure some Kansas law enforcement agencies to do that? Or at least to force them to publicly admit their disdain for their state's sovereignty and laws?

[phill4paul]

Tell me about it.
I was supposed to have a restoration of rights. and instead have a 4th felony. :(

Did you get popped again for something? :confused:

[ChristianAnarchist]

Tell me about it.
I was supposed to have a restoration of rights. and instead have a 4th felony. :(

Let me guess... A state judge "restored" your rights and when you tried to "exercise" them the feds would not recognize what the state judge "restored"...

[TommyJeff]

Thanks for posting this news.

Is it too late to bring charges against any federal officials? Would it be worth the trouble to try to wage a campaign to pressure some Kansas law enforcement agencies to do that? Or at least to force them to publicly admit their disdain for their state's sovereignty and laws?

I wish Kansas denied the Feds the chance to arrest or take these men in the first place. Too late for that. But this is a tragedy.

[pcosmar]

Let me guess... A state judge "restored" your rights and when you tried to "exercise" them the feds would not recognize what the state judge "restored"...

sort of/not exactly

Actually,, I was convicted of a state crime. A Felony. (3 at the time)
Upon completion of my sentence,limited or partial restoration of rights were automatically restored .

I could vote, run for office,and could own long guns,, but stipulated that I own no handgun or concealable weapon. (By State Law at the time)
I could not serve on a jury.

I completed my sentence in 2005. 25 years from sentence.

I moved to Michigan in 2006, State of Birth,,and home town area.
I was Arrested and eventually and by plea bargain to save my farm,,was convicted of attempted possession of a firearm by a felon.
It was my Wife's Shotgun. DB Stoeger Field gun. standard UP farm implement.

in a Three strike world.. I have 4.
I'm walkin'

Fed law?statelaw??
I can't tell...
they all look alike to me

edit,, a reminder
http://pcosmar.blogspot.com/2006/08/things-have-not-gone-well.html

This led to my search for WTF happened,,, and led me to Ron Paul and here.

want to guess my "hot button issue" ?

[ChristianAnarchist]

Sorry to hear your problems. I wish I could say that I've never heard of any such travesty but sadly your story and others like it happen over and over. I too, marvel at how the sheeple in this country let these kinds of things happen and don't even make a peep...