Last April, the State of Kansas passed a law negating Federal gun control regulations. It drew the ire of Attorney General Eric Holder, who promptly informed Republican Governor Sam Brownback that the State law was unConstitional under the Supremacy Clause.

So far, the Department of Justice hasn’t taken up a case against the State to back up Holder’s claim. But the Brady Campaign to Prevent Gun Violence has just filed a lawsuit to have the nullification law overturned, arguing Holder’s case for him: that the Supremacy Clause trumps a State’s power to criminalize Federal law.

The lawsuit, filed today, names Brownback and Kansas Attorney General Derek Schmidt as defendants. It argues that courts, not States, are tasked with interpreting the Constitutionality of laws that limit the 2nd Amendment, and that “federal courts…have made clear that the Second Amendment allows for reasonable firearms regulations, confirming the constitutionality of virtually all, if not all, existing and proposed federal firearms laws.”

Kansas’ law provides for the felony prosecution of any law enforcement agent – Federal, State or local – who attempts to enforce Federal gun regulations involving firearms made, sold and owned exclusively in the State. In April of this year, Brownback signed a companion piece of legislation that prohibits local governments in Kansas from regulating firearms at all.

The Brady Center targets only the Federal nullification law, and parrots Holder’s strategy in arguing for its abolition.

In assessing the merits of Holder’s letter to Brownback last year, the Tenth Amendment Center argued:

1. Kansas is NOT purporting to criminalize the exercise of constitutional federal responsibilities. On the contrary, the bill criminalizes what the state has determined is unconstitutional. It is the position that such federal acts are indeed a violation of the Constitution. No matter how much Eric might believe it to be otherwise, his view is obviously not universal – especially in Kansas.

2. The Supremacy Clause. Holder takes the position that all tyrants do – that everything they do is authorized, anything to the contrary – worthless. But Holder is wrong. The Supremacy Clause doesn’t say that “any law in conflict with federal law” is void. It says that only those laws “in pursuance” of the constitution are supreme. The new Kansas legislation, again, takes the position that such federal acts are not constitutional, and therefore not supreme.

…Even with almost full state and local cooperation, there are now 18 states defying DC on marijuana prohibition. As two states – Washington and Colorado – legalize what the feds say is illegal, we’re watching the beginning of the end of federal dominance over the states.

On the right to keep and bear arms, people should follow the same path. Just say NO to Washington DC, and YES to liberty.