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10th Amendment Case Brings Probation

by Shari Dovale

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.

The statute purportedly exempts from federal gun-control laws the firearms, accessories and ammunition manufactured commercially or privately in Kansas and kept within the state’s borders. The Kansas act made it a felony for a federal official to enforce certain directives of Congress regarding firearms.

This law was passed because the people in the State of Kansas have the right to live their life the way they choose within their own state borders. Gun control is unconstitutional and the citizens of Kansas put a stop to it within their state. This law was hailed as the toughest Second Amendment protection law in the nation.


This would be true IF the State of Kansas had enforced this law and backed up it’s citizens attempting to follow it.


Instead, when it came time to stand up, they
lowered their heads like sheep.

Shane Cox, 45, owner of an Army Surplus store, was found guilty of multiple firearms charges and sentenced today. He received two years of probation and $800 in fines after being convicted in November.

28-year-old Jeremy Kettler, a disabled U.S. Army veteran, was named as a co-defendant in the case. He was sentenced to one year on probation and will pay a $100 fine for unlawful possession of an unregistered silencer.

U.S. District Judge J. Thomas Marten would not allow a defense citing the state law, however, he considered it in his sentencing.

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

Therefore, he knew they had no intentions of breaking the law, and indeed verified that they were following state law. But the Federal Prosecutors and the Judge would not allow this defense during the trial, as the 10th Amendment does not seem to apply in Federal Court.

It is expected that this case will end up in front of the Supreme Court, and the verdict seems to have a good chance of being overturned.

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

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

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4 comments

  1. More lawless federal employees. Why would anyone conceded to this tyranny? The judge and prosecutor and others complicit in this unlawful court and sentencing should be arrested by the county sheriff.

    Where’s the jury? The “peers”, as in like minded similar people with similar background and education etc. … the peers they worked and spent time with? Those peers.

    1. We’ve come to expect rampant criminality on the federal bench. Case in point – the Malheur Trial. More importantly – where is the Constitutional Sheriff? This is the textbook case for the sheriff to step forward and arrest the feds pursuant to the state law.

  2. It’s a damned shame this case hasn’t gotten nationwide play – I truly hope these guys are getting help from pro-2A groups. So – medical marijuana, sanctuary cities, etc., get 10A consideration, but this doesn’t? Gentlemen – start your engines.

  3. “U.S. District Judge J. Thomas Marten would not allow a defense citing the state law, however, he considered it in his sentencing. “I am satisfied you both had a good faith belief that you are protected by that statute,””

    US Constitution, Article 3, Section 3: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

    The US Constitution is the supreme LAW of this nation, and all other legislation that is to be binding on the people MUST be in Pursuance thereof it. U.S. District Judge J. Thomas Marten gets his authority from the US Constitution, and is REQUIRED to take an Oath that he will “support and defend” it from enemies domestic and foreign. Breaking the Oath is at least one felony, and the crime of Perjury.

    “The basic purpose of a written constitution has a two-fold aspect, first securing [not granting] to the people of certain unchangeable rights and remedies, and second, the curtailment of unrestricted governmental activity within certain defined spheres.” Du Pont v. Du Pont, 85 A 724.

    “A constitution is designated as a supreme enactment, a fundamental act of legislation by the people of the state. A constitution is legislation direct from the people acting in their sovereign capacity, while a statute is legislation from their representatives, subject to limitations prescribed by the superior authority.” Ellingham v. Dye, 231 U. S. 250.

    “What is a constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established.” Van Horne v. Dorrance, 2 Dall. 304.

    “The constitution of a state is stable and permanent, not to be worked upon the temper of the times, not to rise and fall with the tide of events. Notwithstanding the competition of opposing interests, and the violence of contending parties, it remains firm and immoveable, as a mountain amidst the strife and storms, or a rock in the ocean amidst the raging of the waves.” Vanhorne v. Dorrance, supra.

    ALL judges are ALLOWED to remain in office for life as long as they use the constitutionally REQUIRED “good Behaviour”. What is good behavior? Since the judicial was/is required to be neutral and not under the thumb of the legislative or executive branch, it is the US Constitution itself that tells us what is “good behavior” for judges. Good behavior is doing their duties as constitutionally delegated, in a constitutional manner, and taking and KEEPING the constitutionally required Oath of Office.

    The Second Amendment is not under the authority of any branch of government. Nor is it under any state’s governmental authority because it was a power that was retained by the people as is made clear in the Preamble to the Bill of Rights, and backed up in many early legal decisions. The rest of the authority DELEGATED by the people, and then by the states, to our governments is the only lawful authority they can use; anything else is is just threat of force like any third world nation; and those that enforce those things are thugs, gangsters, *terrorists without any LAWFUL authority here in the USA.

    Preamble to the Bill of Rights: Congress OF THE United States begun and held at the City of New York, on Wednesday the Fourth of March, one thousand seven hundred and eighty nine.
    THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.”

    Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.

    Bliss v. Commonwealth: “Arms restrictions – even concealed weapons bans – are unconstitutional, since arms bearing is an individual right and the legislature may not restrict any aspect of such a right.”

    Nunn vs. State: ‘The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.

    The US Constitution REQUIRES that Americans be armed and trained because they are the Militia.

    George Washington: “It may be laid down, as a primary position, and the basis of our system, that every citizen who enjoys the protection of a free government…, but even of his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at Short Notice on any very interesting Emergency.” (“Sentiments on a Peace Establishment”, letter to Alexander Hamilton; “The Writings of George Washington”)

    Alexander Hamilton, Federalist 29: “… Little more can reasonably be aimed at with the respect to the people at large than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.”

    Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe”, clergyman, theologian, popular poet, successful diplomat, and American whose political writings were debated on the floor of Parliament said the US Constitution: “… not only permitting every man to arm, but obliging him to arm.”

    Nunn vs. State: ‘The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.

    Judges are human, they can be corrupt, and or corrupted. In the last few decades they do NOT learn the US Constitution, they learn “precedents”, judges opinions.

    For consideration, military in particular might want to read this…

    Daniel Webster: “Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents and parents from their children, and compel them to fight the battles of any war in which the folly and wickedness of the government may engage itself? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest right of personal liberty? Who will show me any Constitutional injunction which makes it the duty of the American people to surrender everything valuable in life, and even life, itself, whenever the purposes of an ambitious and mischievous government may require it? … A free government with an uncontrolled power of military conscription is the most ridiculous and abominable contradiction and nonsense that ever entered into the heads of men”.

    *28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.

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