Monday, July 20, 2009

Hooray for Tennessee Part IV

This time, Tennessee joins Montana in passing the "Firearms Freedom Act". The Campaign for Liberty says of the act: "Essentially the TFFA explains that 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 the TFFA 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 TFFA also states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee.

From the TFFA itself: "The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;"

You can read the whole act for yourself here.

The BATF has written letters to gun owners telling them that the law is null and void. I believe the Constitution is on the side of the states in this matter.

Tennessee and Montana are making the exact same Constitutional argument that Arkansan Hollis Wayne Fincher tried to make. "Judge" Jim Hendren would not permit Fincher to make the case that a federal law whose authority was based on the Fed's power to "regulate interstate commerce" did not apply to a gun manufactured and kept within the bounds of one state (and in his case marked "not for re-sale"). The Feds went to the elaborate fiction of using the interstate commerce clause to tax and regulate firearm possession because the 2nd amendment prohibits the feds from making gun laws. The duplicitous feds therefore try to make gun laws under the guise that they are commerce laws. Hendren shamefully sent Fincher to prison without permitting him to make that constitutional defense to a jury of his peers, but now the whole state of Tennessee (and Montana) are arguing the exact same thing as Fincher.


Anonymous Anonymous said...

"The BATF has written letters to gun owners..."

There's a big problem right there. They shouldn't know who TN gun owners are.

9:05 AM, July 21, 2009  
Anonymous Rick said...

Tennessee still has some interesting laws when it comes to conceal carry. I spoke yesterday to a Tennessee Highway Patrolman who said the way the law is written you can't carry in your console or glove box, it must be on the person. I have never felt the need to carry a weapon into restaurants I frequent, I would rather leave it in my console. So I guess I am breaking the law. Now that's crazy!

2:05 PM, July 21, 2009  

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