Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-5051-100101-148 next last
Just in case you believed in that 'states rights' thingy.
1 posted on 09/23/2009 7:29:00 PM PDT by HogsBreath
[ Post Reply | Private Reply | View Replies]

To: HogsBreath

Tennessee seceded once. Will it do so twice?


2 posted on 09/23/2009 7:30:36 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

There’s not going to be anywhere to go...


3 posted on 09/23/2009 7:30:41 PM PDT by madison10
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

Yep, just remember folks the tenth ammendment and the rest of the constitution is all fiction now. How’s that hope and changey thing working for us again?


4 posted on 09/23/2009 7:31:06 PM PDT by WVNight (We havn't played Cowboys and Muslims yet....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

Federal Law oversees State Law whether we like it or not


5 posted on 09/23/2009 7:32:29 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

This was expected. Next comes a test case for the USSC to overturn that earlier ruling Glenn Beck was always talking about.


6 posted on 09/23/2009 7:32:39 PM PDT by sand lake bar (Take that thing off your head and act like an American!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: WVNight

We need an amendment that will take at least another couple hundred years for Uncle Sham to figure out how to trump.


7 posted on 09/23/2009 7:32:50 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: HogsBreath

There’s a states rights list around here somewhere. Those folks need a ping.


8 posted on 09/23/2009 7:33:10 PM PDT by Sax
[ Post Reply | Private Reply | To 1 | View Replies]

To: madison10

There’s not going to be anywhere to go...

but up.

Let us pray to Divine Providence...as our forefathers did.


9 posted on 09/23/2009 7:33:22 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: sand lake bar

Wickard, I think


10 posted on 09/23/2009 7:33:27 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: tet68

Providence won’t be happy with us if we are disobedient to it.


11 posted on 09/23/2009 7:34:27 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: madison10

You’re right. There will be NOWHERE TO HIDE:

http://www.youtube.com/watch?v=dqw7kXG0kxU


12 posted on 09/23/2009 7:34:48 PM PDT by Dick Bachert
[ Post Reply | Private Reply | To 3 | View Replies]

To: HogsBreath

Constitution trumps Federal Gun Law


13 posted on 09/23/2009 7:34:53 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system. I am Jim Thompson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath
And where does fedgov claim authority to regulate guns? The Commerce Clause!
14 posted on 09/23/2009 7:35:20 PM PDT by Ken H
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dov in Houston
Federal Law oversees State Law whether we like it or not

Within Constitutional limits.

15 posted on 09/23/2009 7:35:56 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.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: HogsBreath

Not so fast.

Arizona permitted carry was not nixed by the feds.

ATF may be over reaching here.

This ought to become quite interesting.


16 posted on 09/23/2009 7:36:38 PM PDT by Candor7 (The effective weapons against Fascism are ridicule, derision, and truth (Member NRA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dov in Houston

And the Supreme Court in the KELO case say if the people want change they must get the state to enact them.


17 posted on 09/23/2009 7:38:06 PM PDT by Orange1998
[ Post Reply | Private Reply | To 5 | View Replies]

To: Dov in Houston

And the Constitution trumps federal law.


18 posted on 09/23/2009 7:38:28 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Candor7

Can Tennessee simply exclude the FedGuv from within its borders?


19 posted on 09/23/2009 7:38:28 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Dov in Houston
Federal Law oversees State Law whether we like it or not

There is this little thing called the Constitution that requires the Fed to have jurisdiction. That have none in this case.

20 posted on 09/23/2009 7:38:36 PM PDT by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: HogsBreath

The DEA treated California the same way over medical pot at first. It just depends on how serious the state government is about it. State and local police outnumber the feds a thousand to one; and I don’t see Washington sending in troops.


21 posted on 09/23/2009 7:38:55 PM PDT by SeeSharp
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath
"Power comes from the barrel of a gun" - MAO

I don't know about y'all but I think the well Armed Volunteers of Tennessee have the ATF outnumbered.

22 posted on 09/23/2009 7:39:05 PM PDT by Errant (`)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

Federal Laws on guns are meaningless if they can’t make a case that it either affects Interstate Commerce or “Domestic Tranquility”.

If they don’t the Federal Government can’t do diddly about it.

The best they can do in TN’s case is to prohibit the sale or transport of these firearms outside of federal regulations beyond TN state lines.


23 posted on 09/23/2009 7:39:12 PM PDT by spikeytx86 (Pray for Democrats for they have been brainwashed by their fruity little club.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

Federal law is trumps when there is a conflict. That is reverse of what the Constitution says but that unfortunately is how the courts have created a new constitution.


24 posted on 09/23/2009 7:39:26 PM PDT by yarddog
[ Post Reply | Private Reply | To 1 | View Replies]

To: Talisker

I think that this is “within Constitutional” limits

Felons possessing a firearm or such.

The Constitution guarantees certain inalienable rights yet the states can and often do impose certain restrictions


25 posted on 09/23/2009 7:39:39 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Orange1998

They said that Congress couldn’t pass a law to commerce-clause Kelo away?


26 posted on 09/23/2009 7:39:51 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: ForGod'sSake; MamaTexan

ping


27 posted on 09/23/2009 7:40:01 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

What happened with that Montana gun-law experiment?

Montana was going to pass a law that if the gun was manufactured in the state (no interstate commerce) and purchased in the state, NONE of the federal laws apply.

Anyone know what happened with that idea?


28 posted on 09/23/2009 7:40:05 PM PDT by Ghost of Philip Marlowe (I'd rather be a teabagger than an ankle-grabber.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HiTech RedNeck
Can Tennessee simply exclude the FedGuv from within its borders?

They'd have to exclude the $$$, too, wouldn't they? That would be a problem IMO. States probably won't be able to cherry pick.

29 posted on 09/23/2009 7:40:45 PM PDT by madison10
[ Post Reply | Private Reply | To 19 | View Replies]

To: Sax; ForGod'sSake; HogsBreath

10th ping


30 posted on 09/23/2009 7:40:47 PM PDT by dynachrome (I am Jim Thompson!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Dov in Houston

Only if the Government has jurisdiction.

The Fed’s can’t just say “Blacks can’t vote in TX regardless of what state law says”. They have to have constitutional authority first. In the cases that the feds have constitutional authority then yes Federal Law will always trump state or local law. Then the Supremacy clause would kick in.


31 posted on 09/23/2009 7:41:44 PM PDT by spikeytx86 (Pray for Democrats for they have been brainwashed by their fruity little club.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Dov in Houston

You mean Constitutionally speaking or “for all intents and purposes”?

Because you are right in the first regard, but only in those instances where the US Constitution specifically sets forth that it is a federal power. All other rights belong to the states or the citizens...Constitutionally speaking.


32 posted on 09/23/2009 7:41:46 PM PDT by Ghost of Philip Marlowe (I'd rather be a teabagger than an ankle-grabber.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: madison10

The money is taken from the States to begin with. Or do you mean they would have to deny the money to the Feds?


33 posted on 09/23/2009 7:42:58 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: HogsBreath

I’d like to see the county sheriffs in TN pull a Richard Mack and not let the feds have jurisdiction.


34 posted on 09/23/2009 7:43:43 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system. I am Jim Thompson.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ghost of Philip Marlowe

All other rights belong to the states or the citizens...Constitutionally speaking

I think you said it

All other rights belong to the states or the citizens.


35 posted on 09/23/2009 7:44:02 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Dov in Houston
Federal Law oversees State Law whether we like it or not

That's Constitutionally false. The Federal Constitution overrides State law, yes. But Federal Statutes can only override State law when they a) are Constitutional, and b) can Constitutionally be applied to the case at hand. In cases where the commerce clause is the primary Constitutional authority for the law, it cannot Constitutionally be applied to any act that is not a commercial transaction crossing State lines. Those are the Constitutional requirements, regardless of what any bureaucrat or invalid-on-its-face court decision may say.

36 posted on 09/23/2009 7:44:22 PM PDT by sourcery (Party like it's 1776!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Dov in Houston
I think that this is “within Constitutional” limits
Felons possessing a firearm or such.

Actually I believe the Feds are citing the Commerce clause.

On the other hand, these guns are made entirely within the state of Tennessee. Also, the people are above the government, and the Second Amendment specifies the Feds can't obstruct keeping or bearing arms.

To great non-violent, peace-loving liberal glee, massively-armed Federal agents don't care a thing about about any of that.

37 posted on 09/23/2009 7:44:52 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.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Dov in Houston

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.


38 posted on 09/23/2009 7:45:38 PM PDT by piytar (Zero pimping propaganda on all SRM channels at once: Big Brother in 2009! NRA Lifetime Member)
[ Post Reply | Private Reply | To 5 | View Replies]

To: HogsBreath

We need to get this before the USSC before another old fart dies or quits!


39 posted on 09/23/2009 7:46:15 PM PDT by airborne (Don't let history record that, when faced with evil, you did nothing!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HiTech RedNeck

I think that would constitute secession. Although I have often wondered if there could be away around it, perhaps a state could declare that they no longer recognize the current Federal Government’s right to authority due to numerous constitutional violations and refuse to recognize the Federal Government until new elections are called and investigations and prosecutions declared or a new constitutional convention.

Perhaps away to “kick the Federal Government out” without leaving the Union. It would be a hail Mary pass to be sure, and odds are would quickly be defeated. Just thinking out loud.


40 posted on 09/23/2009 7:46:18 PM PDT by spikeytx86 (Pray for Democrats for they have been brainwashed by their fruity little club.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: sourcery

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


41 posted on 09/23/2009 7:46:53 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: HogsBreath

“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.


42 posted on 09/23/2009 7:47:16 PM PDT by raptor29
[ Post Reply | Private Reply | To 1 | View Replies]

To: Talisker

See my post 41. Even if it was interstate (rather than intrastate) commerce, it wouldn’t be constitutionally under federal jurisdiction.


43 posted on 09/23/2009 7:49:08 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 37 | View Replies]

To: Talisker

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


44 posted on 09/23/2009 7:49:18 PM PDT by Dov in Houston (The word Amnesty invokes a passion in me. Illegal immigrants are criminals. Supporters Aid & Abet)
[ Post Reply | Private Reply | To 37 | View Replies]

To: HogsBreath

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!


45 posted on 09/23/2009 7:50:22 PM PDT by Psalm 144
[ Post Reply | Private Reply | To 1 | View Replies]

To: HogsBreath

Heck, I’m just downright shocked that our state politicians had the balls to vote ‘yea’ on this one!


46 posted on 09/23/2009 7:50:46 PM PDT by HogsBreath
[ Post Reply | Private Reply | To 1 | View Replies]

To: spikeytx86

We don’t need a Constitutional Convention I think. We need the current one to be enforced.


47 posted on 09/23/2009 7:51:05 PM PDT by djsherin (Government is essentially the negation of liberty.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: Dov in Houston

“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.


48 posted on 09/23/2009 7:51:20 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Domandred

Shhh! Musn’t tell the libs that or else how can they possibly enjoy their socialist delusions?


49 posted on 09/23/2009 7:51:55 PM PDT by liberalism is suicide (Communism,fascism-no matter how you slice socialism, its still baloney)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Ghost of Philip Marlowe

According to the article, Montana’s law takes effect Oct 1. They beat TN, but TN’s law was in effect sooner.


50 posted on 09/23/2009 7:53:09 PM PDT by Dan Nunn (Some of us are wise, some of us are otherwise. -The Great One)
[ Post Reply | Private Reply | To 28 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-148 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson