ROXANA HEGEMAN, Associated Press
WICHITA, Kan. (AP) — The convictions of two men who relied on a Kansas law to protect them from prosecution for federal firearms violations have raised questions about the legal basis for gun control.
The National Firearms Act is a part of the Internal Revenue code enacted under Congress’ power to levy taxes. The prosecution of Shane Cox, the owner of Tough Guys in Chanute, and Jeremy Kettler raises the question of whether that taxing authority can be used to regulate firearms that stay within state borders.
A jury found them guilty of federal firearms violations in a case with Second Amendment and state rights implications that even the judge overseeing it expects to ultimately end up before the U.S. Supreme Court.
Their defense attorneys contend their clients believed the Kansas law made their activities legal.
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A jury has found two Kansas men guilty of federal firearms violations in a case that repudiates a Kansas law that purports to prevent federal prosecution of anyone owning firearms made, sold and kept in the state.
A jury Monday evening convicted Shane Cox in eight counts for illegally making and marketing firearms. They found Cox not guilty in two other counts involving possession of a destructive device. Kettler was found guilty on one count for the purchase of a gun silencer from him.
U.S. District Judge J. Thomas Marten told jurors the case would likely be appealed because of the issues involved with the state law. Marten says he can’t change the law at this level, but he anticipated the U.S. Supreme Court might eventually review the case because the issues are this important.
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3:30 p.m.
A defense attorney has told jurors that his client is “caught in the crossfire” of conflicting gun laws passed by Kansas and the federal government.
Defense attorneys during closing arguments Monday blamed their clients’ predicament Monday on the confusion caused by a Kansas law that purports to prevent federal prosecution of anyone owning firearms made, sold and kept in the state.
Shane Cox and Jeremy Kettler are on trial on federal firearms violations. Cox is accused of illegally making and marketing firearms. Kettler bought an unregistered gun silencer from him.
Cox’s attorney argued the Kansas law put his client in a spot where he relied on the Legislature and the governor. Kettler’s attorney told jurors his client made a mistake in trusting people.
A federal prosecutor argued that there needs to be a modicum of regulation because firearms, silencers and explosive devices are used in the commission of crimes.
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