Kansas: The First State to File An Appeal By Rifle Since 1861?

by militialaw on May 9, 2013

You may have heard that Kansas recently passed a law that makes Kansas-made firearms which are then sold to Kansans exempt from federal regulation and in fact criminalizes the enforcement of federal law for these homegrown weapons.

Generalbundesanwalt Eric Holder took issue with Kansas’ new law. He drafted a nastygram to the Governor of Kansas threatening legal action if the law was not struck from the rolls.

In response, the Kansas Secretary of State fired back his own missive telling Generalbundesanwalt to forcibly insert his letter into his anus (or legal words to that effect).

Many are thrilled about this development, and we are certainly smiling at the effort of the SoS, but unfortunately the reality of the Constitution is going to force Kansas to recant or take up arms against the feds.

No, seriously.

Back in 1942 SCOTUS ruled, in Wickard v. Filburn, that growing wheat for your own consumption “substantially” affected interstate commerce and as a result a law telling you not to grow said wheat is Constitutional as Congress apparently has unlimited regulatory power when it comes to interstate commerce.

“Filburn argued that since the excess wheat he produced was intended solely for home consumption, his wheat production could not be regulated through the Interstate Commerce Clause.


The Supreme Court rejected this argument, reasoning that if Filburn had not used home-grown wheat, he would have had to buy wheat on the open market. This effect on interstate commerce, the Court reasoned, may not be substantial from the actions of Filburn alone but, through the cumulative actions of thousands of other farmers just like Filburn, its effect would certainly become substantial.


Therefore Congress could regulate wholly intrastate, non-commercial activity if such activity, viewed in the aggregate, would have a substantial effect on interstate commerce, even if the individual effects are trivial.”

[Wikipedia summary]

Incredible, no?

The same theory will apply in Kansas to guns made for intrastate “consumption.” As a result, the feds will sue Kansas to block the law and win on Wickard.

Therefore Kansas has only the two options mentioned above.

If I was a betting man, I’d say that Kansas will opt to kneel before its federal masters as no one is crazy enough to take on the world’s most powerful government over something as petty as firearms:


One thought on “Kansas: The First State to File An Appeal By Rifle Since 1861?

  1. Pingback: New Government and New Union | Jericho777's Blog

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