The Battle Begins: ATF vs the Constitution

10th Amendment Center ^ | 7/18/09 | Bryce Shonka

[NoobRep]

A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.

Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.

Governor Breseden allowed the bill to become law without signing.

The law states that “federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-

“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”

[NoobRep]

Have to love Mae Beavers! God bless that woman.

You can see 1861 all over again...

[ought-six]

“You can see 1861 all over again...”

The secessions of 1860-1861 were over states’ rights, and the next secessions will be over the same thing.

1776; 1860-61;...will 2010 herald the next revolution?

[Reaganwuzthebest]

A line was drawn in the sand

So what's going to be done about it? Will the state challenge the ATF in court? They ought to since this is probably the friendliest USSC we're ever going see in our lifetime.

[GregoTX]

Great post .... thanks... I will keep up with this story with interest.

[stephenjohnbanker]

God bless her is right.

[NoobRep]

The Federal government is going to cross a line and it’s not too far off. I’ve always said I don’t know what the breaking point is, but we’re getting closer. When a small group of tyrannical oligarchs directly effects the day to day activities of a large number of people, they’re asking for it. What are they going to do, declare Martial law? The military isn’t going to stand for this garbage. Nearly every person in the state of Texas has a gun. They better think real carefully about the decisions being made at the Federal level now.

[rockinqsranch]

“At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say- “Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.””

Absolutely correct. So sick of them. They have overstepped the boundaries of not only their authority, but sanity as well.

[JSDude1]

We have got to get a reign on the ATF (they work for US, we do not WORK for them)!

This is big..I pray Tennessee does this the right way (God’s way), yet also has the Guts to stand up to the Federals.

[JSDude1]

*

[05 Mustang GT Rocks]

“They better think real carefully about the decisions being made at the Federal level now.”
These people don’t think, they just feel, and acting on feelings is usually wrong. I agree with you, we are getting very close to the breaking point, and as the events of 20 years ago in Eastern Europe showed, when enough people take to the streets, the authorities cannot arrest or shoot everybody so the whole house of cards comes down. And it is esp. valid here in Texas where we are armed.

[taxtruth]

The 50 states should all go to court against the Fed.The states created the monster so they should keep the monster in it's cage or end it.

[PUGACHEV]

That line was crossed back in 1942 with the case of Wickard v. Filburn when the Supreme Court ruled that a farmer who grew wheat in excess of his federal allowance was subject to regulation under the Commerce Clause even though the wheat was solely for his personal consumption and none of it left his farm.

[Erik Latranyi]

I’m not from TN, so I have to ask, why did the governor not sign the bill?

Does this mean he will not fight for it if challenged in court?

[ebshumidors]

He’s a democrat. Phil Bredesen. He’s gone next election.

[ClearCase_guy]

I think the most important elections will be at the state level. We need to push to get State Sovereignty advocates into position in as many states as possible.

[Texas Fossil]

Quote from the ATF letter to FFL dealers:

However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

--

The Gun Control Act--

The Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213 (also known as GCA or GCA68, and codified as Chapter 44 of Title 18, United States Code) is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.

--

National Firearms Act--

The National Firearms Act, often shortened to NFA, is technically known as Chapter 53 of the Internal Revenue Code, 26 U.S.C. § 5801 through 26 U.S.C. § 5872. Passed in 1934, the National Firearms Act requires a tax on the manufacture and transfer of all firearms that National Firearms Act Stamp are Title II, as well as Federal registration of such firearms. However, one of the most widely known parts of the National Firearms Act is the 1968 Gun Control Act, which bans the importation of any firearms not used for a “sporting” purpose.(The Stamp requirement was on full automatic weapons)

--

Do either of these laws comply with the 2nd Amendment which, by the way, has not been changed?

2nd Amendment--

"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."

[AAABEST]

ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

So when the ATF is asked where they get their authority, they hold up the Interstate Commerce Clause.

Then when interstate commerce does not apply (as with a firearm completely manufactured on sold within a state) they claim they have authority regardless. Figures.

Not for anything, but WTH is the "Assistant Director" of the ATF doing deciding law for a few million citizens in Tennessee?

[orinoco]

Our founders were well aware of the eventual threat of tyranny. To quote Jefferson

"The spirit of resistance to government is so valuable on certain occasions, that I wish it always to be kept alive."

[Joe Brower]

[wgflyer]

“..will 2010 herald the next revolution?”

Man, I hope so.