The Battle Begins: ATF vs the Constitution

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

[SUSSA]

The State also needs to pass a law like the federal law making it a state crime to infringe on someone’s constitutional rights under color of law. That will allow the state to arrest and try BATF thugs and other federal thugs in State court and imprison them in State penitentiaries.

Put a few federal thugs in prison and the rest will not be so willing to violate people’s rights.

[Oldpuppymax]

The second American revolution will begin in response to the left overturning the 2nd amendment—whether directly or indirectly. That is, the trampling of our right to keep and bear arms will either start the revolution or end the nation and our liberty.

[JSDude1]

And the Amazing thing was that T. Jefferson was President! The same which under false pretenses now occupies..

[VR-21]

"So sick of them. They have overstepped the boundaries of not only their authority, but sanity and decency as well."

I thought that small addition might help. It's been corrupt, top to bottom, inside and out for much longer than I'm comfortable admitting. Seems we've allowed statists, their legions of bureaucrats and criminal organizations like ACORN to incrementally coil around us like a snake. Now it begins to crush.

[Still Thinking]

How can you be sure? How did a Democrat get elected in the first place?

[TheOldLady]

The feds are too stupid to understand the meaning of the complicated phrase, “shall not be infringed.”

[Rapscallion]

I believe liberals will not stop trampling on the US Constitution until there is an outright confrontation. They may call it a “living document” but they actually seek to replace it totally with a communist state, by enacting one socialist law at a time.

[Cboldt]

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

According to the US Supreme Court in US v. Miller, the answer is NO - the 1934 NFA is unconstitutional in light of the 2nd amendment, when applied to weapons that are used by militia, e.g., short barrel shotgun or machine gun.

The US Supremen Court, in the Heller case, recently transmogrified the Miller case, by bullshitting. http://www.freerepublic.com/focus/news/2245126/posts?page=27#27

[Dead Corpse]

I sure as heck ain't getting any younger...

We still have a ton of work to do. The sooner we get started the faster we'll finish.

[glock_fan]

Two questions:

Can the States use their respective National Gaurds units to protect their citizens from unlawful Federal intervention?

Can States refuse to allow their respective National Gaurd units to serve the Feds in overseas operations?

[Dead Corpse]

It's all BS. The NFA was ruled Constitutional because it was a tax. When they started using it as a PROHIBITION, they tripped over their own ruling in Drexal v Bailey and that the tax cannot be used to prohibit.

Closing the registry to new NFA firearms only compounds this.

A tax on sale is Constitutional. Registration and everything else trips over "shall not be infringed". Including State and local "carry" laws. "Keep and bear".

Activist courts and cheery picked juries have led to this. That and our failure to not hunt down and hound out of office every sh*tbag politician depriving us of our RKBA. Title 18, Sect 242 makes them even trying to pass a gun control law a CRIME.

[Dead Corpse]

Since all Guard units are effectively under National Army control? I doubt it. Maybe once upon a time, but highly doubtful now.

[ebshumidors]

Term limted

[glock_fan]

That is unfortunate.

Without the muscle to back it up, I feel these 10’th ammendment challenges can and will be snuffed out.

Time for me to read up on the Constitutionality of Federal power over National Gaurd units.

[Lurkus Maximus]

I’d love to see Tennessee stand up for their state rights. The Feds are stepping way beyond their bounds in so many areas. If the states had the guts to reassert all that should be state rights, the feds would not be able to stand up to it.

What if
1) Tennessee put state police at every road into the state and expressly asked each person entering the state if they were working for the federal government, and if so acknowledged, denied them entry
2) Sent back all federal funds accepted by the state
3) Cranked up their in-state manufacture of firearms and ammunition
4) Offered firearm education and training to all Tennessee citizens at cost
5) Organized a state-militia for every county

The residents of Tennessee are proud and motivated people. I think they would proudly stand up for their state with honor and integrity, something the federal government is sorely lacking in.

[Dead Corpse]

I own a gun. You own a gun. We are not alone...

If Governors wanted to, they could call up the Citizen Militia and morons like us would show up ready.

We out number the BATE by a large margin. Even if you add in Federal Marshalls, we'd still outnumber them. Add in local PD or Sheriff, we'd STILL outnumber them, plus quite a few would more than likely be on the "locals" side.

Let us know what you dig up on the NG. Could be the kind of info we want in the hands of our Governors.

[Cboldt]

-- The NFA was ruled Constitutional because it was a tax. --

Except in Miller it was ruled unconstitutional by the lower court, and SCOTUS upheld that, conditioned on the weapon in question being one used by a militia.

[Dead Corpse]

Which subsequent courts have completely twisted to mean something else and is now considered "settled law".

Both sides were wrong. ANY weapon can have a "militia purpose". A friggin' ROCK can be an improvised weapon. They teach entire classes in the military on improvised munitions, traps, and weapons.

SHALL NOT BE INFRINGED. Period. Full stop. End of Story.

Or, it should have been in any sane legal system.

[Still Thinking]

Ah. Yeah, that seems like a pretty reliable way to be sure. How did he get elected in the first place if he’s out of line with the voters?

[mcmuffin]

Heads Up, FReepers!

Calling ALL keyboard commandos!

Time to warm up the keyboards!

This upcoming conflict will require some serious typing!!