A line was drawn in the sand last week – a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.
(Editor’s note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well)
Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.
Governor Breseden allowed the bill to become law without signing.
The law states 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 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.”
At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-
“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”
The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.
Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:
“The letter says, in part, ‘because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.’ That is precisely what I predicted the Federal Government’s response to the Tennessee act would be. As I told Judge Andrew Napolitano on Fox News’s Glenn Beck Program on June 5, 2009, federal officials don’t care about a good historical argument concerning the meaning of the Constitution.”
“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”
“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”
The Federal Government has regularly claimed that the commerce clause of the constitution, which gives DC authority to regulate commerce between the states, gives them authority to regulate or add prohibitions on items that never cross state lines.
One notable use of the commerce clause in this manner can be found in the 2005 decision by the Supreme Court in ‘Gonzales vs. Raich’, where the court contended that consuming one’s locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate—and prohibit—such consumption. They used this claim, even though at the same time they made it clear that no legal market for marijuana exists.
One key aspect of the ATF’s letter is that it was only sent out to existing Federal Firearms Licensees, those generally already in compliance with federal regulations – and who likely would not have participated in the TN Firearms Freedom act anyway, according to sources close to Tenth Amendment Center.
Ultimately what the letter represents is another move in the chess match being played out between the states and the Federal Government, the resolution of which may not be seen for quite some time.
Below is the full text of the letter sent last week by the ATF:
“U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES
The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (”FFL”). The Bureau of Alcohol, Tobacco, Firearms and Explosives (”ATF”) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.
The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (”Act”), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms 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 supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.
If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)”
ATF are the lowest of the federal scum.. real jack booted thugs that kill pets and children and terrorize innocent Americans
Eliminate ATF!
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The ATF, IRS are foreign entities. They have no suthority in America, The Sec of the Treasury is a FRAUD
The appointment of a Secretary of the Treasury is just that, an appointment to a position which is NOT a cabinet position in any administration. The S.o.T. is the [governor] appointed to the World Bank, International Monetary Fund (IMF). He is not an officer of the United States, is not a cabinet member and does not represent the interests of the United States. His position is as liaison between the federal government and the IMF. His obligation is to the IMF, not to the United States. The secretary of the Treasury is not sworn into office as cabinet members are, and take no oaths to the United States.
Just today, the subcommittee hearings on AIG and how the bailouts had been constructed, were held. Repeatedly, Geithner uses the term “your government” when responding to questions from committee members. He never says “our government” or “the government”. Geithner uses the term “your government” to distinguish himself as an employee of the IMF/World Bank, and to make clear that he is NOT a cabinet member working on behalf of the US government. Geithner repeatedly alludes to the central bank which is neither a US agency or organization but rather a privately owned and regulated banking cartel.
How many of you sitting out there actually believe there is a US bank account somewhere in this country containing tax deposits from workers, and funds generated by all the businesses the federal government unconstitutionally engages in, or any of the other contrived sources of income that comprise the revenues of the federal government?
I have news for you; there isn’t any such account. All funds collected including our tax dollars are deposited in the World Bank and administered by the International Monetary Fund.
The Federal Reserve Act of 1913 abolished the United States treasury, ended the cabinet position and created the IMF governorships. Each country being a member of the IMF has its own governor. When Timothy Geithner or Henry Paulson speak of the G-8, or the G-20, they are speaking of the meetings of governors whose purpose it is to determine what plan or action would benefit the IMF, not the countries involved. Their purpose of meeting is not to act to benefit the countries represented, but rather to act to protect the interests of the IMF.
The IMF and World Bank are also the issuers of all government checks some of which still bear the name U.S. Treasury. Most checks emanating from government no longer even pretend to come from this fictional U.S. Bank account.
* In addition, every Social Security number is issued by the IMF, not the federal government operating as the Social Security Administration.
* Every birth certificate with registration number is originated from and registered with the IMF/World Bank
* Every Veterans award
* All military pay
* All government paychecks
* All payments of any kind emanating from the Federal government are paid through the IMF/World Bank.
The careful depositing of the term [central bank] will occur more frequently as a matter of psychological conditioning as we are forced into a privately owned, world wide banking system. Once this is forced on us, the demise of the Federal Reserve will follow as it is absorbed into the one world, bank and its existence is no longer needed to facilitate the manipulation of debt and economies as that function will now be openly orchestrated by the central bank.
The World Bank and IMF are expansions of the Federal Reserve central banking system. Paulson, and now Geithner openly allude to the [central bank], a term which should frighten even the most apathetic among us. In the past no one directly mentioned the connection to the World Bank, but as economies around the world have been intentionally imploded in order to pave the way for acceptance of a world wide central banking system the term is used openly; that way you’ll get used to it and won’t go into rebellious shock when your dollars are converted to toilet paper.
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Reality Check Reply:
August 17th, 2009 at 12:56 pm
Well stated! May I add that the Federal Reserve was created by the Rothschild Family and did not put up one dime to do it. They bilked the American taxpayer through world war I out of billions and they started the IMF in 1919.
If the people demanded an investigation, it would be determined that the monopoly by the banks–the banks owned and managed by this family–would be broken up because of the anti-trust laws currently on the books.
Furthermore, it would also show that most of the entire major corporations–over 150–are also owned by this cabal, creating even more problems.
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Ignatius Reply:
August 18th, 2009 at 9:40 am
Good work – give em both barrels. More people need to know this stuff.
Thanks
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Takeiteasycrazy Reply:
August 18th, 2009 at 7:02 pm
Hey psycho…the secretary of the treasury is still a cabinet position….and the ATF is under the Department of Justice–not the Treasury. Or is the Attorney General secretly the President of Nigeria in your world??
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1world goverment, 1 world money system, 1 world religion, seems to be the cry of the day now. Can you see what is coming next: (The Anti-christ) ???. How sad the majority of the people are blind to this. Get Armed & stay armed for the war will start sooner than later.
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Tennessee please stand your ground, you know what the Constitution was written for and I would be proud to come stand by your side when the Fed’s come trying to bully ya. All sane Americans should come to your aid if anything should happen. Like ATF agents acting stupidly. As our brave president (wanna be a natural born citizen) would say.
They don’t have near as many bullets as we do!
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chiefosage Reply:
August 18th, 2009 at 6:23 am
Jim, I would like very much to call you a Tennesseean. I live on a Mountain top in the foothills of the Smokies. Just northeast of Chattanooga. I am proud of some of the statements of our State people. But they are not all seeing it the same. Soon, all will see.
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Believe it or not. I don’t believe this will be the “spark” leading to revolt. But it will add kindling to the mounting pile. A State’s Rights issue that will surely bring the State’s to secession is the DOMA law, if it’s repealed by congress. The Defense Of Marriage Act of 1996 will be the undoing of the “union”. When the DOMA act is repealed. It will be up to the States to define marriages. This will set off a firestorm all across the country. With some States recognising gay marriages and those who deny gay marriage. The “gay” will be the new “slave”. And we will see another split and finally the dissolution of this evil empire. If nothing else. It will cast a much needed light on the un-ratified and unconstitutional 14th amendment. Since the u.S. supreme court refuses to hear a 14th amendment case (1975). We may see for the first time in our lives. Justice be done. Secede Now!
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UnReconstructed Reply:
August 17th, 2009 at 8:43 pm
By the way. Do you see now, how the so-called Hate Bill will be used to force the States to comply with gay marriage? All you have to do is connect the dots. If they do away with the DOMA Act. The federal government will fall back on the Hate Crime (law?). And the fight will be on!
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i’ll be honest, there is nobody i hate on the planet earth more than the b.a.t.f.e, murderous treasonous, jack booted scum!
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Let me just give the ATF a warning. As long as you are standing on the assumption that the States rights are subsequent to federal mandates, You are on the wrong side of the God of heaven. Your time is coming to learn the falicy of this. You think you can mock God? Where two or more are gathered together in my name, there am I and they shall ask whatsoever and I will grant it them. God has seen your sins. You can still come into this fold if you repent. Why do you persecute the Creator?
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chad Reply:
August 18th, 2009 at 6:24 am
i couldn’t have said it better, amen.
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Let us never forget; The government and its shills in the various departments are doing all this because they are the one’s that perpetrated 911. To bring into the law the “Patriot Act” and launch a war against the people. I will never forget the deaths of those in New York because I was there.
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For any 4th Branch (i.e. bureaucracy) Entities to act with ignorance, arrogance, and blatant disregard of constitutional civil dialogue, is unfortunately in many cases, nothing new.
The fact is, American’s have never been especially good (as a group) at keeping things service oriented and civil once an aggressive posture is assumed against liberty and personal freedom under a just spirit and interpretation of the law.
The historical American love of this freedom combined with the promise of a frontier mentality naturally assumes and accepts the risk of standing straight and tall with one’s integrity in tact in the face of provocation and adversity, even at the risk of physical harm…. and even more-so today exposing one’s person and personality to the further risk of psychological damage of government interventions through government sponsored change agents intruding into one’s personal privacy normal activities.
Yet this is not what we should have to expect, even from low level employees of a government system that is large, cumbersome to run, and in all cases of state entities in the final analysis, non-producing and roughly equivalent in it’s enforcement power to legally sanctioned armed thievery.
Sorry, but that is my bottom line.
BAFTE and others should expect a reasonable amount of blow-back (if they can think like a citizen rather than a gun toting robot for a minute) if they forget they are SERVANTS OF THE AMERICAN PEOPLE AND CITIZEN SOLDIERS before they can be effective as agents of “the State”.
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These guys are my heroes !
http://ktordnance.com/kto/index.php
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