TOPEKA – (September 9, 2014) – Kansas Attorney General Derek Schmidt yesterday asked a federal court to end a lawsuit filed in July by a Washington, D.C.-based gun control organization that challenges a law approved in 2013 by the Kansas Legislature.
Schmidt filed a motion to dismiss the lawsuit on September 8 in U.S. District Court in Kansas City. The filing is the State’s first formal response to the lawsuit.
“The plaintiffs in this case have not been harmed, there is no actual legal dispute underlying their political and rhetorical complaint, and in any event the Kansas statute is a valid exercise of the state’s authority,” Schmidt said. “The Second Amendment Protection Act does not seek to nullify existing federal gun control laws, nor does it criminalize any conduct that is not properly punishable as a crime. The law seeks instead to enforce the Second Amendment and the Tenth Amendment, by codifying existing Commerce Clause precedents and punishing violations of the established rights of the people of the State of Kansas.”
The lawsuit was filed by the Brady Campaign to Prevent Gun Violence and challenges the Kansas Second Amendment Protection Act. The plaintiffs and other critics of the Kansas law claim the statute violates federal law and the U.S. Constitution, but Schmidt said in the filing that the Kansas statute does little more than codify prior case law that has long been the law in effect in Kansas and across the United States.