Tuesday, June 9, 2015

Schmidt: Federal court tosses Brady Campaign lawsuit

KANSAS CITY, KAN. ---- A federal court today dismissed a lawsuit filed last year by a national gun control group challenging the Kansas Second Amendment Protection Act, Kansas Attorney General Derek Schmidt said.

U.S. District Court Judge Julie Robinson today granted 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 that, “[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 that the statute violated federal law and the U.S. Constitution. The statute will now remain in force.