
by: Clyde Middleton posted: 2009-07-20 07:50:00
Viewed 930 times. 9 Comments.
Obama's Bureau of Alcohol, Tobacco, Firearms, and Explosives is claiming constitutional supremacy to kill the 10th Amendment-driven state statutes to exempt in-state firearms from federal regulations. Their mode? Reminding gun dealers of their federal obligations.
Here's the ATF&E's letter to Tennessee federal firearms licensees. An extract:
The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee ...The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 ("Act"), effective June 19, 2009, has generated questions form industry members as to how this State law may affect them while engaged in a firearm business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supercedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
Montana FFLs got a similar letter.
Tennessee's law reads, in part:
Federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.
The argument is the Supremacy Clause of the US Constitution:
Article VI (in part): This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The issue will be litigated. States feel too strongly about this. Clearly, the laws conflict - so that aspect is a given. Do federal laws "fully occupy" regulation of this activity? Does the federal government maintain an interest in the application of this law since it is purely intra-state activity?
Should be an explosive time.
Tags: Obama,
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Good point. Something about a goose and a gander, if I recall.
It oughta be fun. I hope the states file immediately. I want this to be in appellate courts for 2010.
Nothing in the the United States Constitution, Article 1, Sections 8, 9 and 10, has any provision for the ATF/BATF to try to coerce a State into submitting to the Federal Government.
Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Aren't those "federal regulations" overstepping the limits the Constitution places on the Federal Government?
I hear your frustration. But the issue is more the Supremacy Clause - when the federal government does have jurisdiction in an area and does exercise it, the issue becomes one of degree - if they wholly occupy an area, then the states cannot pass a law at odds with at. So the question becomes: Has the federal government wholly occupied the area of the registration of personal guns?
It's a good question. I am curious to hear the answer.
Amendment 10 - The 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.
Meaning, the Constitution neither delegates gun regulations nor prohibits them by the Constitution, therefore; it is left to the State respectively. End of story. 2nd Revolution is coming. I've got the tar, who's got the feathers?
I got feathers! Two or three burlap sacks full. Give me a time and place.
"Left to the States, respectively"..... as if any part of that dogma, should be SCAMMED BY PARASYTIC LIZARDS AT LAW, RUN, LEGISLATURES, WHOM, are in the racket of, deliberately passing unlawful, mandates, AT LAW; to be regarded as law, until such time as a "CRIMINAL," victim of that law, stands up to it, and, has it thrown out... and, has one person ever been compensated, whan a bad law; as if, there any good ones; has been repealed... ??? The fact that any law, created by lie-yers, can be repealed, is prima facie evidence that it was a crooked, ruse at law, from the beginning; created of the lie-yer, by the lie-yer, and, for the lie-yer, so as to hold all rights hostage in lie-yers "TRUST," [choke, gasp, wretch...].... accounts....ORGANIZED CRIME AT LAW, by, LIZARDS AT LAW, INCORPORATED.... Edgar. R. Longenecker. III.... Stalag Skew at Y-RICO, Ahnolds' Gulag, Kali Fornia.... USSR.... Socialistic Republic.... Inc....
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Isn't it NOT funny how the feds use the Constitution at their convenience & ignore that it exists the rest of the time?
God bless America!