Posted on 09/23/2009 7:28:59 PM PDT by 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.
(Excerpt) Read more at commercialappeal.com ...
The commerce clause was meant to keep states from imposing trade barriers with regards to each other. The word “regulate” meant “to keep regular”.
“Just in case you believe in that ‘states rights’ thingy.”
Uh, just in case you don’t, please watch how this one plays out, and then get back to us.
See my post 41. Even if it was interstate (rather than intrastate) commerce, it wouldn’t be constitutionally under federal jurisdiction.
I have the knowledge, equipment and ability to construct and manufacture a firearm that could decimate several people in seconds.
If I only manufacture and use it in Texas does that mean it is not covered by the Federal Firearms laws.
Just askin
And they will burn you alive in your homes and churches if you are insolent or disobedient. Dirty peasants! Base churls! After all that they do for you!
Heck, I’m just downright shocked that our state politicians had the balls to vote ‘yea’ on this one!
We don’t need a Constitutional Convention I think. We need the current one to be enforced.
“Federal Law oversees State Law whether we like it or not”
But the federal government’s power is restricted by the Constitution. The fed seems to think they have no limits. Matter of opinion but who has the most guts to stand their ground is who will win.
I think We the People are becoming meaner than junk yard dogs as we are tired of the tyranny from the feds.
Shhh! Musn’t tell the libs that or else how can they possibly enjoy their socialist delusions?
According to the article, Montana’s law takes effect Oct 1. They beat TN, but TN’s law was in effect sooner.
Anyone know what happened with that idea?
No, but I'd bet the farm that SCOTUS will back fedgov rather than Montana. See the 6-3 Raich decision. Here's Justice Scalia endorsing the Wickard Commerce Clause in that decision:
"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."
Justice Scalia, concurring in Raich
___________________________________
Compare that with Justice Thomas:
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything, and the Federal Government is no longer one of limited and enumerated powers.
Justice Thomas, dissenting in Raich
I’m not sure how the courts would rule, but whether it was inter- or intrastate, it wouldn’t constitutionally be under federal control. The Second Amendment is pretty clear as to your right to bear arms, and since laws pertaining to firearms have nothing to do with the enumerated powers, your right is further protected by the Tenth Amendment.
Just because ‘where to go’ doesn’t have a name yet, that doesn’t mean there isn’t a place to go.
The Constitutional Free States of America
The Constitutional United States of America
...whatever floats your boat, but something along these lines.
Yes the commerce clause has been stretched way beyond what was ever imagined by the writers. I mean they basically use it to the ridiculous extremes. It all started with the Civil Rights movement and at the time any law which supported that was allowed.
Sort of like any law now which is meant to help women or children will be approved no matter how idiotic or unconstitutional it really is.
Is a Cannon a “firearm” ?...;0)
No, it said if the state want to change something they have the power.
Okay, as long as I can bring that Bill of Rights "thingy" along with me.
If the BATF made the law, it is Unconstitutional. If Congress actully made the law ... consider separating from the Union.
You can build guns from scratch. You can not sell them.
http://www.cncguns.com
You're exactly right, djsherin. As well, "regulated" within the 2nd Amendment meant a similiar thing - to keep operating smoothly (i.e. without obstructions and with maximum efficiency).
BUT, if you view the Commerce clause from within the administrative jurisdiction of the 14th Amendment, then the meaning of the word "regulate" means "administratively control through select limitations." And then if you take that concept and expand it as much as possible... you get the basis for almost all the Federal overreach we have today, where the Feds claim absolutely everything in utter reversal of Original Intent. Justice Thomas pointed that out (but I don't have the quote handy).
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