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ATF tells TN that a federal gun law trumps the state’s
Commercial Appeal ^ | september 23, 2009 | Richard Locker

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: 10thamendment; 2nd; atf; banglist; batfe; bootthebatfe; commerceclause; donttreadonme; guns; jbt; liberalfascism; raich; shallnotbeinfringed; statesrights; teaparty; tennessee; tenthamendment; wickard
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To: HogsBreath

They care not one whit about law, constitution, or anything else. For the ATF, the courts, and the central government in general, the law is the king speaking. They do what they want, where they want, when they want, and woe be to anyone who stands in their way. They do not respect law. Their law is the point of a bayonet. And they have no qualms in using their bayonets.


61 posted on 09/23/2009 7:59:41 PM PDT by SandWMan ( A riot ist an ugly sing, und, I sink it's about time zat ve had vone!)
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To: yarddog

I remember there being a case where the government tried to argue that guns shouldn’t be allowed in schools on the basis of interstate commerce. Their justification was that guns at schools would frighten children which would lead to poorer grade performance which would produce a less educated labor force which would affect interstate commerce.


62 posted on 09/23/2009 8:01:03 PM PDT by djsherin (Government is essentially the negation of liberty.)
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To: madison10

These would be the states that actually WANT to have things done right by the Constitution (and the bill of rights). MAybe add a couple amendments that explicitly talk about gun ownership as an inalienable right.


63 posted on 09/23/2009 8:01:45 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Dov in Houston

Smoothbore black powder cannons aren’t “firearms” apparently, and otherwise fit your criteria.


64 posted on 09/23/2009 8:01:55 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: SandWMan

As more states pass this law, this will get the attetion of the Supreme Court. I’ve heard on the Beck show that some of the Justices have expressed negative comments about the Interstate Commerce ruling in the 1940’s. (30s?).


65 posted on 09/23/2009 8:02:07 PM PDT by ak267
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To: SandWMan
"They care not one whit about law, constitution, or anything else. For the ATF, the courts, and the central government in general, the law is the king speaking. They do what they want, where they want, when they want, and woe be to anyone who stands in their way. They do not respect law. Their law is the point of a bayonet. And they have no qualms in using their bayonets."

Well said. Do you not feel sometimes as if you're standing in a Sons of Liberty meeting in 1775 and speaking about the British?

66 posted on 09/23/2009 8:02:31 PM PDT by madison10
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To: SandWMan

“They care not one whit about law, constitution, or anything else. For the ATF, the courts, and the central government in general, the law is the king speaking. They do what they want, where they want, when they want, and woe be to anyone who stands in their way. They do not respect law. Their law is the point of a bayonet. And they have no qualms in using their bayonets.”

As the government initiated serial and mass homicides at Ruby Ridge and Waco so amply demonstrated.


67 posted on 09/23/2009 8:02:56 PM PDT by Psalm 144
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To: madison10

“Well said. Do you not feel sometimes as if you’re standing in a Sons of Liberty meeting in 1775 and speaking about the British?”

Yes.


68 posted on 09/23/2009 8:03:58 PM PDT by Psalm 144
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To: HogsBreath

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


69 posted on 09/23/2009 8:04:37 PM PDT by MattinNJ (Palin-I cannot spare this woman. She fights.)
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To: Orange1998

Any undertaking of a size where invoking eminent domain came into question would tempt Commerce Clause intervention. If Congress had the nads to treat that the same way it treats the War On Some Drugs.


70 posted on 09/23/2009 8:06:08 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: Psalm 144

If the Founders had known the government would eventually use force like that against its own citizens, I’m not sure we wouldn’t be British right now.


71 posted on 09/23/2009 8:07:27 PM PDT by djsherin (Government is essentially the negation of liberty.)
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To: djsherin

The commerce clause was meant to keep states from imposing trade barriers with regards to each other. The word “regulate” meant “to keep regular”.

Exactly So.

In other words, The Commerce Clause was instituted in order to Maintain commerce, Not restrict it.

It has been perverted.


72 posted on 09/23/2009 8:07:53 PM PDT by SwedeBoy2
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To: MattinNJ
The Founding Fathers would look at that the ATF HQ building and say “The Bureau of what?”

Great post. I can actually see them standing there, staring at it and each other... and then Jefferson mutters, "I got a bad feeling about this..."

73 posted on 09/23/2009 8:09:59 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: MattinNJ

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

The Founders would burn that building down.


74 posted on 09/23/2009 8:11:41 PM PDT by SandWMan ( A riot ist an ugly sing, und, I sink it's about time zat ve had vone!)
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To: ak267
I've heard on the Beck show that some of the Justices have expressed negative comments about the Interstate Commerce ruling in the 1940's. (30s?).

Not sure where Beck is getting that. AFAIK, Justice Thomas is the only justice who has called the Wickard decision an error. I don't know where Alito and Roberts stand, but Wickard has a solid six votes. Unfortunately, Justice Scalia is among he six.

see post #51 for Thomas v Scalia on the Commerce Clause.

75 posted on 09/23/2009 8:16:00 PM PDT by Ken H
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To: madison10

Um, yeah there is. They could become a colony of Texas. :D

As for the Rust Belt? Sorry, you guys and your unions brought this upon the country, we don’t want you around.

Hope you saved your Confederate money; the South *will* rise again.


76 posted on 09/23/2009 8:21:04 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: HogsBreath

Wait till the Governor invokes the 10th Amendment: then the showdown: Do tell state police to arrest ATF agents which dissobey the law.. (pass the popcorn..this could get interesting).


77 posted on 09/23/2009 8:21:32 PM PDT by JSDude1 (www.wethepeopleindiana.org (Tea Party Member-Proud), www.travishankins.com (R- IN 09 2010!))
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To: HogsBreath

I recall some thinking LE would not enforce unConstitutional law. Here’s your sign!


78 posted on 09/23/2009 8:21:53 PM PDT by takenoprisoner (Freedom Watch: fight for freedom with everything you have.)
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To: Errant

To quote an old Motorhead song: “Just cos you got the power, that don’t mean you got the right.”

Fed can suck it! Let them try to enforce their bogus authority over Tennessee. It won’t be pretty and Zero will tell his ATF people to back down when the poll numbers show his approvals tanking even more than they are now.


79 posted on 09/23/2009 8:23:07 PM PDT by Two Kids' Dad (((( I am a proud citizen of GlennBeckistan. ))))
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To: SwedeBoy2
Agree. James Madison told us exactly what the Commerce Clause was intended for, and just as important, what it was NOT intended for. Here is what he wrote on the power to regulate commerce among the several states:

...it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.

Full text of the letter here:

http://press-pubs.uchicago.edu/founders/documents/a1_8_3_commerces19.html

80 posted on 09/23/2009 8:25:43 PM PDT by Ken H
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