From Tennessee Firearms Association:
The ATF - as expected - has issued a letter in which it disregards the 10th Amendment restrictions on federal power (as seems to be the trend since the late 1930) and has notified Tennessee’s federal firearms dealers that the Tennessee Firearms Freedom Act is meaningless. Essentially, ATF is saying to the state of Tennessee that the 10th Amendment no longer exists.
We expected such from a tyranny that no longer lives within the bounds of its express authority…
Here's the law in question--duly passed and signed into law by the representatives of the people:
Here's the ATF letter dictating the opinion that authority to override that is solely vested in unelected federal enforcers:
We've seen similar efforts in other states, notably Montana, Minnesota, South Carolina, Florida, Texas...
Sorry, folks. Carson W. Carroll says "No."
You need to obey him, instead. If you know what's good for you.
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Comments (30)
Was her latinaness asked about the 10th at all, perhaps between not answering questions on self defense and being grilled about perry mason?
The ATF is probably correct about FFL holders. They signed a license, a contract promising to act within federal law. But all Tennessee needs, to sell firearms manufactured entirely within Tennessee, is vendors who have signed no FFL, hence are not bound by that contract. They also need local police, prosecutors, judges, and juries not afraid to arrest, prosecute, convict, and carry out the sentences of BATFE agents who break their state law. False arrest is kidnapping, a capital crime.
This is fine, It is exactly what should happen. States push back, FEDGOV disagrees, someone is arrested for conforming to state law and not Federal, it goes to Fed Appeals court and hopefully to Supreme Court (fast tracked as multiple states have similar laws). This is just the fight we (freedom loving people) were asking for.
Hmmmm the ATF seems to be saying that they're just trying to guarantee your "success" as an FFL. It seems to me that the fine folks in the Tennessee legislature could lend a hand with the success of FFLs by coming to their aide in instances where the ATF is attempting to distrisbute some "unsuccess" to the Tennessee FFL holders. I guess they're all talk and no action! After all, it's ONLY the 10th amendment that's at stake.
Game on. Will the state of TN support gun owners killing ATF agents when those agents attempt to break into their homes and businesses and kidnap them. I sure hope so!
You forgot how busy her latinaness was answering questions about the All-Star game.
Bill--I'd argue only when they are acting in their capacity AS an FFL. When not dealing with interstate commerce firearms, they wouldn't be wearing that hat.
Will the local law enforcement stand with the Feds or the local folks, Arrest the BTAF agents that harass the gun dealers or gun owners. Or is there going to be "Open Season" on the BTAF?
What makes this so interesting is that firearms sales are supposed to be 'open & transparent'. However, that transparency only applies to the government, not the other way around. The real issue is that these transactions will be 'concealed from the government' and that frightens them.
The only way this is going to make it to a court is if an ATF agent sets up a trap and ensnares a person, they better pick somebody with a felony etc, and then they run that up the flag pole as a 'gotcha, see we told you case' OR some law abiding citizens pre-emptively strike by inviting the ATF to a 'sale' between two-law abiding citizens who abide by State Law. That would force the ATF agents to arrest them on sight and then the citizens could sue for false-imprisonment & denial of civil rights.
We just need two brave souls backed by the NRA-ILA & ADF to get a precedent before the Federal Court system earlier, rather than later.
My .02
It is now time for the Tennessee legislature and the sheriffs in the state to inform the ATF that any attempt by them to violate Tennessee law will be followed with arrest, conviction and imprisonment. Further that attempted rescue of violators by other federal law enforcement will be met with the same action, or worse.
That is, if they are serious about taking back their liberty and not just posing.
I'm betting on posing.
Tap, the last place you want this to end up is in ANY federal court. They have this habit of not allowing a defense, not allowing a reading of the law to the jury, not allowing the jury to see the evidence, nor advising the jury of their responsibilities and powers in the courtroom. Remember Fincher, Olofson, et.al.?
I see that everyone has been reading John Ross, again.
We were having a pretty interesting discussion until you came in with your judgmental snark. Do you have something of intelligence to add, or did you just come here to be a jerk?
What Mr. Carroll seems to have "forgotten" is that NO law, federal or otherwise, can supercede the laws set forth in the Constitution of the United States of America.
Hey ATF TN will shove the law up your dark side!!!
Step 1 - Contact your state representatives and demand that they NULLIFY, at a state level, intrusive Federal laws.
Step 2 - Contact your local law enforcement officials ask them to join oathkeepers and demand that they not allow federal law enforcement actions in their county beyond what is explicit in the U.S. Constitution.
Step 3 - If you have the good fortune to live in Texas, join the Texas Nationalist Movement to support the secession of Texas from the U.S. and the REestablishment of the Republic of Texas as a free, independent and sovreign nation.
We all know what's coming! (anybody with half a brain anyway) The feds just keep taking a little more then a little more and so on and so on!! Those of us who actually talk about this in places like this are probably already on a list somewhere as right-wing terrorists! The best way to get to be thought of as a domestic terrorist is to simply quote the founding fathers of this once great nation!!
"Game on. Will the state of TN support gun owners killing ATF agents when those agents attempt to break into their homes and businesses and kidnap them. I sure hope so! "
That's just the Enzyte talking.
And he's still running away from answering a question that will prove he's a lying fraud.
Answer the question, you lying fraud.
More likely it was the troll Kidd or one of his buddies trying to do a smear job.
Excuse me, but WHAT part of the US Constitution provides police powers AT all to the Federal Government. Answer: NONE it is a usurpation of the commerce clause and one that needs to be challenged and repudiated and if we get no satisfaction in the courts then Dammit, its time for a second American Revolution. What can they do if 3 million of us attack at once in every state?
Did I say that with my outside voice?
Actually Ken (or whatever real name you intended to use),
2A community seems to go through estrus now and again with talk inspired by Unintended Consequences or Nation of Cowards. I think Ross was overly optimistic.
Anymore and it just makes me yawn, since I know there's no real teeth to all the barking.
You said "everyone" when in reality hardly anyone besides you is talking about UC. Sounds like you're projecting. And yeah, so far you've been a big yawn.
You would make me yawn, Actually, but since you're too much of a coward to even use your own name ...
Anybody remember ATF and Waco? They shot at women nursing their babies. No federal agent was prosecuted. Obviously ATF is above the law.
Whoo boy. At some point the Feds are going to push too hard...that breaking point will come with a terrible price. Those who don't see the coming storm aren't really looking. I recently heard a talk-radio host say, "If you thought the riots in LA were bad after Rodney King, you won't believe what will happen when a bunch of ticked off white boys rise up out of Oaklahoma". The Constitution should be respected, the Feds need to check their power, or it will be checked for them.
ATF's current mission is fighting violent crime. Period. Unfortunately, your states aren't able to keep violent felons who have killed, assaulted, robbed, etc. in jail long enough to keep them from continuing to victimize "you!" The ATF is helping those communities by locking up repeat offenders for long sentences for which they serve day for day at no less than 85%. The ATF does not believe in keeping law abiding citizens from wanting or having firearms but keeping them out of the hands of those that have proven they can't obey the law.
So yeah, those very agents you want to kill are out there risking their lives protecting your communities whether you know it or not.
If there weren't any regulation and no paper trail, a great majority of crimes involving firearms would go unsolved simply because the gun wouldn't be connected to someone. Every crime gun tells a very big story.
I expect a bunch of you all to disagree but that is ok. It is your freedom to do so.
BTW, I am a firm believer in people owning and carrying firearms to protect themselves and their property. I do not believe in convicted felons having that same right.
Getting back on topic. The ATF does not create gun laws. Politicians do. This movement in TN was nothing more than someone trying to make a name for themselves. In fact, this law would have done nothing. In order for a gun case to be prosecuted federally, it has to affect interstate commerce. That means, it must have been made outside of Tennessee and if it was, the govt. would have to prove it left the state at some time. That is the case nation wide.
If the states would stop sending money to washington, they would have the money to enforce the laws themselves. The ATF is a terrorist organization and unacountable to we the people who are supposed to be incharge.
how is it that a local store in tennessee can run a beer store and have poker machines that do pay off......i thought that was against the law?????
What do you think?
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