On Politics, We Can Always See the Whites of Their Eyes.
Obama going after state gun laws
by: Clyde Middleton posted: 2009-07-20 07:50:00
Viewed 937 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,
Related Articles
- Tamar Yonah: Communist In The White House?
- Video: Angry, Bitter President Clings to Notion that his opinion Matters to GOP
- Jon Stewart: You set up the Presidential Podium and a TelePrompter in a 6th Grade Classroom?
- Obama: Taupe without Portfolio
Links to this post
Trackback url: http://patriotroom.com/article/obama-going-after-state-gun-laws/trackback
Comments 9
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....
Have an opinion?
blog advertising is good for you
blog advertising is good for you
Publius' Newsstand
-
State plan fines feds $2,000 over gun ru...
Wyoming has joined a growing list of states with self-declared exemptions from federal gun regulation of weapons made, bought and used inside state borders ? but lawmakers in the Cowboy State have taken the issue one step further, adopting significant penalties for federal agents attempting to enforce Washington's rules. According a law signed into effect yesterday by Democratic Gov. Dave Freudenthal, any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm" in Wyoming faces a felony conviction and a penalty of up to two years in prison and up to $2,000 in fines.Views: 115 Comments: 2
-
Scrambling for votes, Dems face uphill climb to...
The math is getting simpler.If every House member votes and all Republicans reject the bill as expected, Pelosi can only afford 37 Democratic defections. That breakdown of the votes would lead to a 216-215 tally. Of the 34 no votes/leaning no votes, eight of them backed the House-backed bill in November. Meanwhile, nine Democrats who voted no last fall are publicly on the fence.
So she needs to convince 6 people who voted no in the fall to vote yes now, i.e., she needs to convince 6 people who got it right last time to end their careers. Good luck with that.Views: 125 Comments: 4
-
The Cost of Democrats? Failed Housing Policies ...
"But if people had any idea of the damage he's [Rep. Barney Frank] done [by promoting the ?affordable housing at all costs' policies] he's be out of there." -Thomas Sowell Taxpayer Bailout for FHA: The FHA's capital reserve ratio has fallen to .53 percent, well below its statutory ratio of 2 percent. [WaPo reported] "Although the FHA's default rate has been climbing for months, . . . the latest figures show that the FHA's woes are getting worse...If the trend continues and the FHA's cash reserves are exhausted, the federal government would automatically use taxpayer money to cover the losses." . . . National Security Implications: Bloomberg: "Russia urged China to dump its Fannie Mae and Freddie Mac bonds in 2008 in a bid to force a bailout of the largest U.S. mortgage-finance companies, . . . Paulson said." ...Views: 150 Comments: 5
-
The beat goes on: Rep Gutierrez from 'yes' to '...
Gutierrez, a member of the Congressional Hispanic Caucus (CHC) in which he serves as chairman of its Immigration Task Force, said the caucus still has concerns over the extent to which the healthcare bill excludes illegal immigrants as well as legal residents from receiving benefits in the healthcare plan. "They are enough to say I can't support this bill," Gutierrez said during an appearance on MSNBC. This must be very frustrating for Nancy.Views: 105 Comments: 7
-
Very telling: Democratic candidates distance th...
Enjoy reading this ... Hardly any Democrat running for Congress seems to want to talk about healthcare. Of the 26 leading Democratic House candidates contacted by The Hill, only one would commit to voting for the Senate healthcare bill if and when it comes to the House floor. Out of the more than two dozen Democratic challengers and open-seat House candidates, only 10 commented for this story. Eight outright declined to comment. Eight more didn?t respond to several days? worth of requests via phone and e-mail. There is no more direct evidence than, well, direct evidence!Views: 79 Comments: 0
-
Hamas answer to Biden: Gaza Rocket Strikes Kibb...
Nice job, Joe. You seemed to have made some headway: A Kassam rocket fired from Gaza damaged a building in Kibbutz Nirim on Thursday, the IDF said. In response, the Israel Air Force bombed a weapon manufacturing facility and an arms smuggling tunnel. "The IDF will not tolerate the firing of rockets by terrorist organizations at Israel and will continue to respond harshly against any attempt to disrupt the calm in Israel's southern communities," the IDF Spokesperson said. More than 25 rockets and mortars have been fired at Israel from Gaza since the beginning of the year.Views: 98 Comments: 0
-
NY23d: Hoffman makes it official: he'll run for...
Douglas L. Hoffman rode a strong wave of conservative activism to a second-place finish in last fall's special election in the 23rd Congressional District. Now the Lake Placid accountant ? and adopted son of the Tea Party movement ? is back for a second try, but not without some competition. Mr. Hoffman formally entered the race for the Republican nomination Monday, telling his supporters in a letter posted to his Web site that he "will defeat Bill Owens" if there's a rematch. Listen to our interview with Doug on Liberty Pundits.Views: 109 Comments: 1
-
Smackdown time - The Hill: Alexander, Gregg thr...
Senate Republican Conference Chairman Lamar Alexander of Tennessee and ranking Republican Finance Committee member Judd Gregg (N.H.) said they will force votes on virtually every sentence of the healthcare reform bill to overcome Democrats' parliamentary maneuver. Gregg said Republicans would force votes on a provision in the 1974 bill that says reconciliation can only be used to amend laws, plus another longstanding Senate rule that says reconciliation can only be used for budget-related issues, plus yet another Senate rule that says 60 votes are necessary to waive the budget-only rule. Senate GOP Leader Mitch McConnell (Ky.) sent a letter to Majority Leader Harry Reid (D-Nev.) that insisted he had 41 votes for the last roadblock, thereby denying Democrats the magic 60.Views: 84 Comments: 0
-
Dems give up on flipping Stupak 12
House leaders have concluded they cannot change a divisive abortion provision in President Barack Obama's health care bill and will try to pass the sweeping legislation without the support of ardent anti-abortion Democrats. A break on abortion would remove a major obstacle for Democratic leaders in the final throes of a yearlong effort to change health care in the United States. But it sets up a risky strategy of trying to round up enough Democrats to overcome, not appease, a small but possibly decisive group of Democratic lawmakers in the House.Views: 191 Comments: 1
-
Senate Parliamentarian: Obama must sign bill as...
The Senate Parliamentarian has ruled that President Barack Obama must sign Congress? original health care reform bill before the Senate can act on a companion reconciliation package, senior GOP sources said Thursday. The Senate Parliamentarian?s Office was responding to questions posed by the Republican leadership. The answers were provided verbally, sources said. House Democratic leaders have been searching for a way to ensure that any move they make to approve the Senate-passed $871 billion health care reform bill is followed by Senate action on a reconciliation package of adjustments to the original bill. One idea is to have the House and Senate act on reconciliation prior to House action on the Senate?s original health care bill.Views: 131 Comments: 0
Get Your PR Button!
More Articles By Clyde Middleton
- Patriot Room Radio #59 Exclusive Interview Sen. Inhofe - Tearing up the Senate
on 2010-03-13 with 142 views - The beat goes on: Rep Gutierrez from 'yes' to 'no'
on 2010-03-12 with 105 views - Very telling: Democratic candidates distance themselves from healthcare reform
on 2010-03-12 with 79 views - Round-up of articles: The bell tolls for HC
on 2010-03-12 with 203 views - New Conservative rising? Michael Williams, candidate for KB Hutchinson's Senate seat
on 2010-03-12 with 110 views - Hamas answer to Biden: Gaza Rocket Strikes Kibbutz
on 2010-03-12 with 98 views - NY23d: Hoffman makes it official: he'll run for Owens's seat
on 2010-03-11 with 109 views - Smackdown time - The Hill: Alexander, Gregg threaten war over reconciliation fixes
on 2010-03-11 with 84 views - Dems give up on flipping Stupak 12
on 2010-03-11 with 191 views - Senate Parliamentarian: Obama must sign bill as is before changes can be made
on 2010-03-11 with 131 views
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!