[well....weaponry-wise, any way]....:)
Posted on 07/21/2009 8:18:35 PM PDT by FromLori
The Obama administration is raising the stakes in a fight over states' rights and firearm ownership by arguing that new pro-gun laws in Montana and Tennessee are invalid.
In the last few months, a grass-roots, federalist revolt against Washington, D.C. has begun to spread through states that are home to politically active gun owners. Montana and Tennessee have enacted state laws saying that federal rules do not apply to firearms manufactured entirely within the state, and similar bills are pending in Texas, Alaska, Minnesota, and South Carolina.
Yet the Bureau of Alcohol, Tobacco, and Firearms, and Explosives now claims that that not only is such a state law invalid, but "because the act conflicts with federal firearms laws and regulations, federal law supersedes the act."
Tennessee's law already has taken effect. The BATF's letter on July 16 to firearms manufacturers and dealers in the state says "federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state."
A similar letter was sent to manufacturers and dealers in Montana, where the made-in-the-state law takes effect on October 1, 2009. Neither law permits certain large caliber weapons or machine guns, and both would bypass federal regulations including background checks for buyers and record-keeping requirements for sellers.
While this federalism-inspired revolt has coalesced around gun rights, the broader goal is to dust off a section of the Bill of Rights that most Americans probably have paid scant attention to: the Tenth Amendment. It says that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Read literally, the Tenth Amendment seems to suggest that the federal government's powers are limited only to what it has been "delegated," and the U.S. Supreme Court in 1918 confirmed that the amendment "carefully reserved" some authority "to the states." That view is echoed by statements made at the time the Constitution was adopted; New Hampshire explicitly said that states kept "all powers not expressly and particularly delegated" to the federal government.
More recently, federal courts have interpreted the Tenth Amendment narrowly, in a way that justifies almost any law on grounds that it intends to regulate interstate commerce. In the 2005 case of Gonzales v. Raich, for instance, the Supreme Court ruled that a person growing marijuana for her own medicinal use could have a "substantial effect on interstate commerce."
(In an impassioned dissent at the time, Justice Clarence Thomas wrote: "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.")
Gary Marbut, president of the Montana Shooting Sports Association, said in an interview with CBSNews.com on Monday that he expects to be facing off against the Obama administration in court soon. "We will find the right test cases to get us in court," he said.
Marbut believes that the letters were't that meaningful because they were addressed to gun manufacturers and dealers who already are licensed by the federal government. "Those people already are under the thumb of the Feds," he said. "We've assumed they wouldn't want to put their circumstances at risk in dabbling in the state-made guns business. The people who the letters are addressed to are pretty irrelevant to the whole discussion."
Translation: If you're a gunsmith talented enough to build a made-in-Montana gun under the state's forthcoming law, give Marbut a ring. Just don't be surprised if the Bureau of Alcohol, Tobacco, and Firearms, and Explosives is not entirely pleased.
How about Santa Clara County v the Southern Pacific Railroad?
Bending metal to make an AK reciever.
http://www.youtube.com/watch?v=sDppu3Mcj6E
All rights not expressly given to the federal government are retained by the States or the people.
I have to agree, though, that the federal government has not shown a strong willingness to respect the rights of the States or the people.
The problem, though is the little clause from my earlier post: "However, a person is prohibited from assembling a non-sporting semi-automatic rifle or non-sporting shotgun from imported parts."
Somebody making his own receiver using a foreign design must be able to prove that none of the parts he used was foreign-made, which is a non-trivial task.
Amen brother!
Be Ever Vigilant!
“This ********* has refused to show his BC “
You leave border collies out of this! They’re great dogs! We’d be far better off with a Border Collie in Chief than our current P(OS)OTUS. ;)
as long as you do NOT have more than TEN foreign-made parts,rifle is OVER 26" in length (with the stock FOLDED) & a barrel over 16", you are A-OK (unless the rules have changed in the last 90 days).
btw, "AK - style" PISTOLS do NOT come under "the rule of 10".- i.e., you can use ALL imported parts (except for the BARE receiver).
fyi, one of our local gun-clubs has a yearly "AK building party" & LOTS were made last year in September - LOTS.
free dixie,sw
Those daily round-ups can work the “other” way also!
Small groups of patriots will one day make a much stronger statement.
The time is drawing nigh in this country.
“Today is a good day to die.” Tasunka Witko
De Oppresso Libre
“Montana and Tennessee have enacted state laws saying that federal rules do not apply to firearms manufactured entirely within the state, and similar bills are pending in Texas, Alaska, Minnesota, and South Carolina.”
Damnyankee ping.
Yeah.
Now maybe the “other side” will get the damn point we’ve been trying to make.
“Now maybe the “other side” will get the damn point we’ve been trying to make.”
I think we’re due...
Some gotta learn the hard way.
free dixie,sw
free dixie,sw
[well....weaponry-wise, any way]....:)
those beasts START at about 5,000.oo IF someone will sell you one. (at least 99% were handmade in GB "on personal commission".)
free dixie,sw
Really?
I never knew *what* it was.
[All I knew was “WANT!!!!”].....:))
unfortunately for "the sports", the cats FREQUENTLY "mounted the elephants" too & you could end up with 600+ pounds of ANGRY/hungry tiger literally in your lap.
fyi, those howdah pistols were SAVAGE "kickers", as well as KILLERS.(Jim Corbett, a famous tiger hunter described the "kickback" from a 450/500NEBP as like "going a few rounds" with Jack Johnson.)
free dixie,sw
the BULLET weighed over 1750 grains.= that's about a 1/4 POUND of copper/lead, backed up with an equal amount of black powder and/or "nitro".
the owner described the recoil from that (SIX POUND) "hand cannon" simply as "FIERCE"!!!
i THINK (but am NOT sure) that the "hand cannon" may still be on display at the National Firearms Museum (NRA museum) in VA.
free dixie,sw
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