x

Please Login




Register Here!

On Politics, We Can Always See the Whites of Their Eyes.

 Search:  
Login / Register   About Us   Advertise   Contact Us  
RSS Feed

The Patriot Room

Obama going after state gun laws

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:

Related Articles


Links to this post

Trackback url: http://patriotroom.com/article/obama-going-after-state-gun-laws/trackback

Comments 9

American Genie on 2009-07-20 09:28:23

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!


Clyde on 2009-07-20 09:33:02

Good point. Something about a goose and a gander, if I recall.


Clyde on 2009-07-20 09:45:44

It oughta be fun. I hope the states file immediately. I want this to be in appellate courts for 2010.


1MoreCarol on 2009-07-20 12:40:59

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?


Clyde on 2009-07-20 13:16:40

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.


Justin H. on 2009-07-20 13:43:58

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?


Clyde on 2009-07-20 14:24:38

I got feathers! Two or three burlap sacks full. Give me a time and place.


Edgar.R. Longenecker>III on 2009-07-26 19:09:18

"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?

 Name (required)
 Email (required)
 Website

If you were a member you wouldn't have to input that stuff!


What is 2 + 3 ? (seriously... for moderates the answer is 4 and for liberals the answer is cat)

Note: Your comment may be held for moderation.

blog advertising is good for you

blog advertising is good for you

Publius' Newsstand

  • House Dems Try to Pass Obamacare Without a Vote

    Having determined that they lack the votes in the House to pass the Senate bills as-is, House Democrats are attempting one of the most breathtakingly unconstitutional power grabs ever witnessed - a maneuver to deem the Senate bill ALREADY PASSED by the House by rule, despite the fact that it clearly has not. Apparently, some Democrats can’t seem to tell the difference between a rule of debate [the filibuster]and just declaring by rule that the House has passed a bill that they have not, when the Constitution itself expressly states that “in all [] Cases the Votes of both Houses shall be determined by Yeas and Nays[.]” What Slaughter and Pelosi here are attempting here is a blatant violation of the principles of bicameralism and presentment.

      Views: 44 Comments: 0

  • Another new poll shows Rubio with staggering 46...

    This is turning into a Road Runner/Wile E. Coyote cartoon, complete with frying pans and falling pianos.
    A new Insider Advantage/Florida Times-Union poll in Florida finds Marco Rubio (R) leading Florida Gov. Charlie Crist (R) by 34 points among likely voters in August's primary, 60% to 26%.

      Views: 38 Comments: 0

  • Kyl says GOP has the votes to stop some health ...

    Kyl suggested that the GOP would have enough votes to sustain points of order they might raise against a bill sought under budget reconciliation rules to make changes to the original health bill to win over the votes of House Democrats. "It is a very risky proposition for those Democrats in the House who are nervous about their reelection, and are banking on the Senate banking them out," he said. "It's probably not going to happen." "So things that these House members think are important to put in the bill, to fix what was wrong with the Senate bill -- like a lot of those backroom deals, for example -- not all of those things can be fixed," the Arizona Republican added.

      Views: 61 Comments: 0

  • One vote at a time: Dem Rep Donnelly switches f...

    President Barack Obama wants Congress to vote yes or no on a comprehensive reform measure from the Senate. Donnelly likes a lot about the bill, but its language on abortion is a "fatal flaw." For him, it is a deal breaker. "I would not vote for it," he said. He figures there will be a vote within a month or so. The abortion language is unpopular with "a significant" number of congressmen. It has the potential to kill the bill, he said.

      Views: 92 Comments: 1

  • AP source: No-fly list nearly doubles since att...

    To paraphrase VP Biden: Almost exploding an airplane in mid-air has a way of focusing national-security folks: "The official says that in the two months since a Nigerian man tried to blow up a Detroit-bound airplane, the government's list of suspected terrorists banned from flying grew from about 3,400 to 6,000." I want to know, with absolute clarity, what DHS knew and when they knew it. This issue is not closed merely because they say "we could have done a better job, and will in the future."

      Views: 58 Comments: 0

  • Insurance companies going on the offense - it's...

    USA Today reports, "It's not quite election season, but President Obama is on the stump, pushing his health care bill. Now, millions of dollars in political ads aimed at swaying Congress are hitting the airwaves." On Wednesday, "hundreds of business groups today launch a multimillion-dollar ad campaign in an effort to stop health care legislation and fire back at White House efforts to win support for a plan Obama says would expand insurance coverage to 31 million people." At the same time, "the health insurance industry as soon as today will begin airing ads of its own on cable TV networks. Those ads, by America's Health Insurance Plans, aim to blunt White House criticism of insurance companies for raising rates."

      Views: 66 Comments: 0

  • Important HC ruling coming from House & Senate ...

    The New York Times reports the White House and Democratic Congressional leaders "said Tuesday that they were bracing for a key procedural ruling that could complicate their effort to approve major health care legislation, by requiring President Obama to sign the bill into law before Congress could revise it through an expedited budget process." An "official determination on the matter could come within days from the House and Senate parliamentarians, and could present yet another hurdle for Mr. Obama and Democratic leaders as they try to lock in support from skittish lawmakers in the House." Sen. Kent Conrad said "the reconciliation instructions in last year's budget resolution seemed to require that Mr. Obama sign the Senate bill into law before it could be changed." If signing the law must come first, then health care is DOA.

      Views: 123 Comments: 0

  • Supreme Court Takes ‘Informational Privacy’ Cas...

    In plain language: How much of a proctology exam can the feds give you if you want to work for them? Could be an important decision.
    The U.S. Supreme Court is agreeing to decide how much personal information the federal bureaucracy may acquire on its workers. . . . The 9th U.S. Circuit Court of Appeals in San Francisco struck down intrusive background checks last year on nearly three dozen National Aeronautics and Space Administration contractors as being too invasive — calling them an unconstitutional, “broad inquisition.” The checks sought information from any source surrounding their sex lives, finances and even drug use. The contractors being investigated were not privy to classified information.

      Views: 70 Comments: 0

  • Hatch: There are all kinds of ways we could shu...

    Fightin' words.
    Undeterred, Hatch says that Senate Republicans are already prepping to fight Democratic efforts to suppress GOP amendments. “Our conference is in the process of discussing that strategy right now,” he says. “No option will be overlooked. There is a distinct possibility that the Democrats’ very partisan exercise could shut down the Senate. Let’s face it — if they’re going to play this kind of game then we will make sure they have one heck of a rough time from this day forward. There are all kinds of ways we could shut down the Senate, and I know them all.”

      Views: 129 Comments: 0

  • Games: Census hiring blitz of 750,000 to cut jo...

    So they mask the real Obama-induced unemployment numbers by artificially creating jobs. At least they are telling us up front so we can asterisk the statistic. Let's hear the spin after the 6 week census is over and we have a spike of 750,000 newly unemployed people. Of course, that will then be the emergency du jour and Barry and the boys can then unionize them all and have them go count chickens at the Department of Agriculture. Sounds like Cash for Clunkers all over again.
    The U.S. Census Bureau expects to add up to 750,000 workers to its payroll by May, a hiring binge that could knock the unemployment rate down by as much as a half-point. . . . Hires for the 2010 census are temporary and part-time; the average employee works 19 hours/week for six weeks.

      Views: 60 Comments: 2

Get Your PR Button!

Copyright © 2008-2009 Patriot Room Media, LLC
Privacy Policy  Terms Of Service