So much for states rights!

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  • shooter521

    Certified Glock Nut
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    17   0   0
    May 13, 2008
    19,185
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    Indianapolis, IN US
    More from the same source:
    ______________________________

    ATF Tries to Revoke "Montana Made" State Sovereignty Laws We all predicted this would happen.

    In a move typical for that fear-mongering organization with an ever-swelling acronym, the BATFE has written gun dealers in the states of Montana and Tennessee to let them know the BATFE will be disregarding the states' sovereign gun laws.

    The "Montana Made" law, just like Tennessee's Firearms Freedom Act, is very simple.

    Much of the claimed federal authority to regulate firearm sales and transfers stems from a liberal interpretation of every American tyrant's favorite subterfuge, the "interstate commerce" clause. In essence, this is what gives the BATFE its nasty teeth.

    With this in mind, Montana correctly understood that any weapon made in Montana by Montana residents and sold in Montana to Montana residents is Montana's business and Montana's business alone.

    Montana thus sought to take charge of its firearms industry with the application of a simple truism:

    Any gun made in Montana by Montana residents and sold in Montana to Montana residents is intrastate commerce, not "interstate commerce," and thus does not full under the purview of the federal government.

    Potentially, the state would be able to say goodbye to NICS checks; Brady background checks; NFA taxes, bans and NFA databases -- and most importantly, federal "assault weapons" bans, which Montana and Tennessee rightly anticipated.

    In effect, the "Montana Made" law would have permitted Montana gun companies to manufacture any kind of weapon banned by federal law -- including so-called "assault weapons" -- and sell them to fellow Montana residents.

    Moreover, in this scenario, no one -- neither the manufacturer nor the dealer nor the buyer -- would have to kowtow to the BATFE by paying them a $200 tax and surrendering one's privacy to their notoriously inaccurate and oft-abused National Firearms Registry.

    It was a new day for freedom -- and other states besides Tennessee were thinking of following suit: Alaska, Colorado, Oklahoma and Texas.

    Well, the BATFE -- never one to have its power downplayed (or acronym belittled)-- has written letters to both Montana and Tennessee gun dealers letting them know that they proceed at their own risk.

    We can only guess what new horrors those words portend -- probably more dead housewives and children as disgruntled ATF thugs shoot-to-kill anyone suspected of perhaps owning a firearm not properly taxed and regulated by Washington, D.C., power brokers.

    What else would be new.

    A few of our members expressed interest in contacting the BATFE to vent some righteous anger -- the same thing we did when the Department of Defense said they were going to ban all once-fired military brass for resale.

    Remember how the DoD reneged on that commitment after just a few days due to the widespread backlash from gun owners and law enforcement?

    Well, this is a bit different. Writing the ATF and providing them with your information is akin to giving thieves your home address and the hours you won't be home.

    We're going to take a different, less dangerous approach.

    We've been talking to state officials from both Montana and Tennessee today to try to figure out the best way we can help these state laws succeed.

    Please stay tuned to updates on this supremely important issue in our future emails.


    Dudley Brown
    Executive Director
    National Association for Gun Rights
     

    SedahDrol

    Plinker
    Rating - 0%
    0   0   0
    Jan 14, 2010
    89
    6
    BTW Indiana has a Firearms freedom act bill in committee right now SB 0276. It appears to have stalled.
     

    kludge

    Grandmaster
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    5   0   0
    Mar 13, 2008
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    The fed.gov does all kinds of otherwise uncontitutional things under the guise of the commerce clause... like banning guns in a 1000 ft circle around a school.

    The courts have ruled that growing a crop for one's on use affects interstate commerce because you might have otherwise bought it from a different state.

    Wouldn't it just be easier to make a constitutional amendment that read...

    "The phrase "regulate commerce... among the several States" as used in Article 1 Section 8 shall not be construed to give power to the Federal Government to regulate any goods that are made, grown, mined, collected, manufactured or assembled from basic materials or generic parts, whether or not the basic materials or generic parts have traveled in interstate commerce, which goods are made, grown, mined, collected, manufactured or assembled for use or consumption within any of the several States and do not travel in interstate commerce, and which remain in the State of origin."

    ?
     
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    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
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    7   0   0
    Apr 26, 2008
    18,096
    77
    Where's the bacon?
    The fed.gov does all kinds of otherwise uncontitutional things under the guise of the commerce clause... like banning guns in a 1000 ft circle around a school.

    The courts have ruled that growing a crop for one's on use affects interstate commerce because you might have otherwise bought it from a different state.

    Wouldn't it just be easier to make a constitutional amendment that read...

    "The phrase "regulate commerce... among the several States" as used in Article 1 Section 8 shall not be construed to give power to the Federal Government to regulate any goods that are made, grown, mined, collected, manufactured or assembled from basic materials or generic parts, whether or not the basic materials or generic parts have traveled in interstate commerce, which goods are made, grown, mined, collected, manufactured or assembled for use or consumption within any of the several States and do not travel in interstate commerce, and which remain in the State of origin."

    ?
    Indeed it would. When are you running for Congress?

    I am reminded of the old saying which is so very true. The two sides of any argument are "pro" and "con", right? So.. if what we want is Progress.....?
     

    Tallenn

    Plinker
    Rating - 0%
    0   0   0
    Jan 18, 2010
    92
    6
    Thorntown
    The fed.gov does all kinds of otherwise uncontitutional things under the guise of the commerce clause... like banning guns in a 1000 ft circle around a school.

    The courts have ruled that growing a crop for one's on use affects interstate commerce because you might have otherwise bought it from a different state.

    Wouldn't it just be easier to make a constitutional amendment that read...

    "The phrase "regulate commerce... among the several States" as used in Article 1 Section 8 shall not be construed to give power to the Federal Government to regulate any goods that are made, grown, mined, collected, manufactured or assembled from basic materials or generic parts, whether or not the basic materials or generic parts have traveled in interstate commerce, which goods are made, grown, mined, collected, manufactured or assembled for use or consumption within any of the several States and do not travel in interstate commerce, and which remain in the State of origin."

    ?
    I've got one even better:

    "The word 'regulate' in Article 1, Section 8, as it pertains to interstate commerce shall be defined as: 'to make regular'", which was the standard and most widely accepted meaning of the word at the time the Constitution was written. The purpose of the commerce clause is to ensure that interstate commerce takes place, not to give the federal government authority over how it takes place.
     

    indykid

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 27, 2008
    11,880
    113
    Westfield
    Please be aware that these states are not, repeat not allowing real assault weapons. Both Montana and Tennessee have written into the law that weapons firing more than one round per trigger pull are not allowed. The rest of their policy is great!
     

    inav8r

    Marksman
    Rating - 100%
    1   0   0
    Nov 18, 2009
    215
    18
    Pendleton
    Since the BATFE has interactions with existing gun shops - and thus has the right to revoke federal permits / licenses - existing dealers / manufacturers operating under the BATFE may have no choice but to ignore the new laws.

    A new manufacturer and/or dealer dealing only in instate merchandise may have a chance - but they'll likely be raided by the BATFE anyways and wind up haggling this out in court. IMO It's going to cost a lot of $$$ for this to really go anywhere.
     

    DWFan

    Plinker
    Rating - 0%
    0   0   0
    Jun 26, 2008
    76
    6
    The battleground could be Wyoming. Their proposed "Firearms Freedom" legislation makes it a felony for anyone to attempt to enforce federal law.
     
    Rating - 100%
    15   0   0
    Aug 14, 2009
    3,816
    63
    Salem
    The gun buying public should back whatever dealer decides to be the one to fight it. With our pocket books. In other words, let's say it was Indiana - as opposed to Wyoming - that decided to have a "toothy" fight with the Feds. If Bradi's or the Scottsburg Ace hardware or whomever, decided to be the ones to sell what the Feds didn't like... then if the Feds pulled their license for out of state business, we should band together and make up for it in IN-STATE business. Don't you think that would work? Ditto for the in-state manufacturer. We've got Hoosiers making plenty of rifle parts now....

    I think we're all going to have to go Ronnie Barrett on them to get them to wake up...
     

    Ogre

    Master
    Rating - 0%
    0   0   0
    Jan 4, 2009
    1,790
    36
    Indianapolis
    Is this the start of something BIG?



    Read more here.
    NAGR Gun Rights Blog So much for states rights

    This site is very informative.
    I like how the NRA says it is up to the MFG, and buyer to fight this in court, and that they will have to have deep pockets. As a member of the NRA (for now...), why the hell aren't they asking people (MFG/BUYERS) to come forth and fight this, then offering their own (THE NRA's) legal dept. / and funding?????:xmad: SHouldn't this be fight they would want to have a dog in????
    >Oh wait, they probably need to pay for more flyers or cheap chinese S$!| to luer new members....< sorry rant off.

    I hope that all the states follow suit and the BATF is disbanded....:cool:
     
    Rating - 100%
    15   0   0
    Aug 14, 2009
    3,816
    63
    Salem
    Spot on Ogre... Follow the money and the motivation... Not saying that their motivation is all bad. I'm just all for PROVIDING them with deep pockets, legal help, etc. should they have the courage to step up and fight this battle.

    While I'm more of a handgun guy right now. if I'm ever in the market for a long range, kick *** rifle, it will be a Barrett. Why? Because a) they're good and b) because Barrett took a stand. When they stand with us, we need to stand with them. Same principle applies to the Montana/Wyoming/Tennessee states rights situation.
     
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    ar15junkie

    Sharpshooter
    Rating - 0%
    0   0   0
    Jul 26, 2008
    338
    16
    Behind enemy lines
    I like how the NRA says it is up to the MFG, and buyer to fight this in court, and that they will have to have deep pockets. As a member of the NRA (for now...), why the hell aren't they asking people (MFG/BUYERS) to come forth and fight this, then offering their own (THE NRA's) legal dept. / and funding?????:xmad: SHouldn't this be fight they would want to have a dog in????
    >Oh wait, they probably need to pay for more flyers or cheap chinese S$!| to luer new members....< sorry rant off.

    I hope that all the states follow suit and the BATF is disbanded....:cool:

    I can't believe the NRA isn't going to help out. Its almost as if they stand to lose if the feds are kicked out of the states business.
     
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