Federal judge dismisses lawsuit against Kansas-made firearms statute

TOPEKA – A federal court dismissed a lawsuit filed last year by a national gun control group challenging the Kansas Second Amendment Protection Act.

U.S. District Court Judge Julie Robinson today granted Kansas Attorney General Derek Schmidt’s motion to dismiss the case on the ground that the plaintiff, the Brady Campaign to Prevent Gun Violence, lacked standing to bring the suit.

“This legal challenge lacked merit, and I appreciate the federal court’s ruling that the Washington, D.C. based plaintiffs lacked standing to challenge this duly enacted Kansas law,” Schmidt said.

In her ruling, Robinson noted the “Brady Campaign has not alleged an actual or imminent injury that is fairly traceable to the enforcement of the Act and redressable by a favorable decision by this Court. Brady Campaign, therefore, lacks Article III standing to mount a constitutional challenge to the Second Amendment Protection Act.”

The lawsuit challenged the Kansas statute on grounds it violated federal law and the U.S. Constitution. The statute, which excludes from federal regulation any personal firearm, firearm accessory, or ammunition manufactured commercially or privately and owned in Kansas, remains in force.

Information provided by the Kansas Attorney General’s Office.

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