ATF tells TN that a federal gun law trumps the state’s

Commercial Appeal ^ | september 23, 2009 | Richard Locker

[HogsBreath]

NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration.

The ATF says the federal laws still apply regardless of the state's move.

The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and imprisonment.

[july4thfreedomfoundation]

And she was holding a baby!

[takenoprisoner]

I read it and reread it, but I can't find in the 2nd Amendment where it gives any branch of the federal government, including the Federal Courts any authority to say or do anything about the People's right to keep and bear arms.

As if that is important. Look around you. Were the bailouts Constitutional? Is it Constitutional for Congress and the President to prescribe our healthcare? No it's not. But does it matter? Who is enforcing the Constitution these days? Not the BATF. Not the Dept of Homeland Security. Not the President. Not the Congress. Not the Supreme Court.

Goodluck defending TN from the fed. I would say seek advise regarding the BATF and the FBI from the infants and children at Waco. But they are all dead.

[djsherin]

I really am appalled that the government got away with this outrage. If they would do it to a former Green Beret and his family, who wouldn’t they do it to?

[Seadog Bytes]

Maybe you’ll be interested in this one...

[Still Thinking]

Not if the federal law is unconstitutional. The argument is that a law that regulates purely in-state commerce is unconstitutional. The courts will have to aettle this. Given that a federal court will make the ruling, the argument will likely fail. Then again, the ONLY law struck down on this basis was a federal school zone gun ban.

Yes, but even Lopez came with explicit instructions on how to rewrite the offending law in such a way that enough of the letter of the Constitution would be observed that its spirit could be soundly thrashed while the court stood idly by.

[TChris]

This should lay the groundwork for a SCOTUS case. If there is ever any real action by the ATF to interfere with "by Tennessee, for Tennessee" sales, I think it's a cut-and-dried violation of the Constitution.

"Please explain how the Interstate Commerce clause grants federal jurisdiction in this matter, counsel?"

"Umm... Uhhh..."

[Still Thinking]

I heard a guy from Montana on a sportsmen radio show (the type that runs on the radio on a Saturday morning at 6am), and some group there is trying to pass a law that will allow it’s citizens to buy a firearm that is manufactured in Montana so as to allow the purchaser to buy it without a Federal background check, as long as the gun stays in Montana (it will be so marked).

That bill was already passed and signed into law, but I don't believe it's gone into effect yet. Tennessee passed a similar law later, but I think theirs is already in effect.

[Still Thinking]

Ping! Youse guys would probably like this thread.

[Still Thinking]

It’d probably go something like this: “Cause we’re the feds and that’s what we want!” Judge: “Oh, OK.”

[Still Thinking]

Wickard v. Filburn? (The one where a guy growing wheat on his own land for his own use was deemed to be involved in interstate commerce)

[philetus]

Nice video.We’re so screwed!

[Still Thinking]

The Founding Fathers would look at that the ATF HQ building and say “The Bureau of what?”

Nah, the very idea of what it really is would be so foreign to them they'd look at it and say "Son of a gun! A Bureau of Alcohol, Tobacco, AND Firearms? They brought all that stuff together in one place? These 21st century Americans are brilliant! Let's go in and get some!"

[Candor7]

http://www.youtube.com/watch?v=Q-0h_Jqp3q4&feature=player_embedded

[Freedom_Is_Not_Free]

It is high time the States told the Fed to go to hell. I like the way Montana is telling the feds that the 14th amendment doesn’t apply to guns made and sold in their state. What has happened to that? I’m not aware that the fed has arrested anyone in Montana government over it.

Go to hell, central government. It is time for the States to enforce their own laws, ignore the crap from the central government, and make the Supreme Court rule why the 10th does not apply.

Go to hell, feds. Scum.

[1COUNTER-MORTER-68]

Waaay Koool!!!...;0)

[RhoTheta]

Ping

[Freedom_Is_Not_Free]

You are confusing the 1st and 2nd. 1st says “Congress shall make no law.” 2nd simply says, “The right of the people to keep and bear arms shall not be infringed.” Well OK there is this annoying dependent clause before it that makes liberals think this applies only to militias.

[ForGod'sSake]

Thanks djsherin and dynachrome! I honestly didn’t find anything new in the article over previous articles we’ve discussed so I have to wonder just where the Memphis Commercial Appeal has been for the last couple of months. Unless of course they finally felt compelled to give the few naysayers a voice and put their brand of negative spin on it. It has generated a spirited discussion here so it has some redeeming qualities...

[ForGod'sSake]

Thanks! I was a little late to this dance but I’ve now got my dancing shoes on! Great discussion.

[dcwusmc]

No. It’s NOT.