SB 1644

[Guest 2HOW]

SENATE BILL 1644

By Beavers

AN ACT to amend Tennessee Code Annotated, Title 4,

relative to exempting from regulation under the

commerce clause of the Constitution of the United

States a firearm, firearm accessory, or ammunition

manufactured and retained in Tennessee.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2

through 6 of this act as a new chapter thereto.

SECTION 2. This chapter shall be known and may be cited as the "Tennessee Firearms

Freedom Act".

SECTION 3. The general assembly declares that the authority for this chapter is the

following:

(1) The tenth amendment to the United States Constitution guarantees to the

states and their people all powers not granted to the federal government elsewhere in

the Constitution and reserves to the state and people of Tennessee certain powers as

they were understood at the time that Tennessee was admitted to statehood. The

guarantee of those powers is a matter of contract between the state and people of

Tennessee and the United States as of the time that the compact with the United States

was agreed upon and adopted by Tennessee and the United States;

(2) The ninth amendment to the United States Constitution guarantees to the

people rights not granted in the Constitution and reserves to the people of Tennessee

certain rights as they were understood at the time that Tennessee was admitted to

statehood. The guarantee of those rights is a matter of contract between the state and

people of Tennessee and the United States as of the time that the compact with the

United States was agreed upon and adopted by Tennessee and the United States.

(3) 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 cannot preempt state regulation of intrastate

commerce pertaining to the manufacture on an intrastate basis of firearms, firearms

accessories, and ammunition;

(4) The second amendment to the United States Constitution reserves to the

people the right to keep and bear arms as that right was understood at the time that

Tennessee was admitted to statehood, and the guarantee of the right is a matter of

contract between the state and people of Tennessee and the United States as of the

time that the compact with the United States was agreed upon and adopted by

Tennessee and the United States; and

(5) The Tennessee Constitution clearly secures to Tennessee citizens, and

prohibits government interference with, the right of individual Tennessee citizens to keep

and bear arms.

SECTION 4. As used in this chapter, unless the context otherwise requires:

(1) "Firearms accessories" means items that are used in conjunction with or

mounted upon a firearm but are not essential to the basic function of a firearm, including

but not limited to telescopic or laser sights, magazines, flash or sound suppressors,

folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for

target illumination;

(2) "Generic and insignificant parts" includes but is not limited to springs, screws,

nuts, and pins; and

- 3 - 00263805

(3) "Manufactured" means creating a firearm, a firearm accessory, or

ammunition from basic materials for functional usefulness, including but not limited to

forging, casting, machining, or other processes for working materials.

SECTION 5. A firearm, a firearm accessory, or ammunition that is manufactured

commercially or privately in Tennessee is not subject to federal law or federal regulation,

including registration, under the authority of congress to regulate interstate commerce. It is

declared by the legislature that those items have not traveled in interstate commerce. This

section applies to a firearm, a firearm accessory, or ammunition that is manufactured in

Tennessee from basic materials and that can be manufactured without the inclusion of any

significant parts imported into this state. Generic and insignificant parts that have other

manufacturing or consumer product applications are not firearms, firearms accessories, or

ammunition, and their importation into Tennessee and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Tennessee does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms

accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Tennessee from those materials. Firearms accessories that are imported into Tennessee from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Tennessee.

- 4 - 00263805

SECTION 6. A firearm manufactured or sold in Tennessee under this chapter must

have the words "Made in Tennessee" clearly stamped on a central metallic part, such as the

receiver or frame.

SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring

it. <SCRIPT>xg_quickadd_share_moreOptionsUrl = 'http://patriotsforamerica.ning.com/main/sharing/share?id=2734278%253ATopic%253A30539';</SCRIPT>

[NuTcAsE]

[Guest FroggyOne2]

Tennessee isn't the only state that is doing this!

[dralarms]

I am not a "legalize" person, and never got into the common law stuff in school but am I reading this correctly if passed the state of Tennessee is telling the feds to kiss off and we can have/build any item the state of Tennessee says we can have, like build our own suppressor?

[Guest 270win]

It would be a tough sale with the 68 gun control act...parts to most firearms built do come from out of state. I guess you'd just about have to hand build a gun from scratch, including making all the metal and plastic pieces to avoid anything moving through interstate commerce. The feds regulate everything through the interstate commerce clause.

[dralarms]

Oh I know it's a tough sale but am I right in my reading of this bill?

[Guest bkelm18]

I am not a "legalize" person, and never got into the common law stuff in school but am I reading this correctly if passed the state of Tennessee is telling the feds to kiss off and we can have/build any item the state of Tennessee says we can have, like build our own suppressor?

I'm pretty sure you can already build your own suppressor with a tax stamp.

[dralarms]

I'm pretty sure you can already build your own suppressor with a tax stamp.

Yea but thats a fed tax stamp

[Guest jackdog]

Some one with legalize needs to way in on this one. The way I read it if you built your own can using materials with in the state the feds have no say. Would this apply to the BATF

[Guest FroggyOne2]

BATF would not be in the picture at all!

[Guest jwp]

Made in TN, says so right on the side.

[Guest VolMickey]

Wouldn't the Feds trump the State in this situation? If not, good, but I don't know the legeal-ese related to all this stuff.

[Fallguy]

Wouldn't the Feds trump the State in this situation? If not, good, but I don't know the legeal-ese related to all this stuff.

If I understand all of this right...(big if) the only way the feds have any control over firearms is if they or parts of them are moved across state lines, or in other words interstate commerce. So if I firearm is solely constructed within a state's boundaries and never leaves that states, federal laws/rules do not apply to that firearm.

[Guest bkelm18]

If I understand all of this right...(big if) the only way the feds have any control over firearms is if they or parts of them are moved across state lines, or in other words interstate commerce. So if I firearm is solely constructed within a state's boundaries and never leaves that states, federal laws/rules do not apply to that firearm.

Ok, well what about the receivers? Those most likely aren't made in TN. So would that law only apply if all parts are made in TN or just the final firearm "product"?

[Fallguy]

Ok, well what about the receivers? Those most likely aren't made in TN. So would that law only apply if all parts are made in TN or just the final firearm "product"?

Well I admit I am not as verse in the individual parts and/or assembly of firearms as many on this board.

But from reading Section 4 and Section 5 of the bill a receiver could be considered a "significant part" of a firearm and therefore make it regulated by the feds.

Hopefully someone with more understanding of the law and firearms will chime in.

[Guest SUNTZU]

SECTION 5. A firearm, a firearm accessory, or ammunition that is manufactured

commercially or privately in Tennessee is not subject to federal law or federal regulation,

including registration, under the authority of congress to regulate interstate commerce.

Somebody splain this part to me please.

[Guest jackdog]

It looks like the great state of Montana has entered into similar legislation. Credit this to Ridgerunner665.

http://www.missoulian.com/articles/2...bnews/br26.txt

Quote:

<table width="100%" border="0" cellpadding="6" cellspacing="0"> <tbody><tr> <td class="alt2" style="border: 1px inset ;">

House shoots down federal gun controls

Posted on Feb. 14

By KAHRIN DEINES of the Associated Press

HELENA (AP) - Montana lawmakers fired another shot in battles for states’ rights as they supported letting some Montana gun owners and dealers skip reporting their transactions to the federal government.

Under House Bill 246, firearms made in Montana and used in Montana would be exempt from federal regulation. The same would be true for firearm accessories and ammunition made and sold in the state.

“What we need here is for Montana to be able to handle Montana’s business and affairs,” Republican Rep. Joel Boniek told fellow lawmakers Saturday. The wilderness guide from Livingston defeated Republican incumbent Bruce Malcolm in last spring’s election.

*

Boniek’s measure aims to circumvent federal authority over interstate commerce, which is the legal basis for most gun regulation in the United States. The bill potentially could release Montanans from both federal gun registration requirements and dealership licensing rules. Since the state has no background-check laws on its own books, the legislation also could free gun purchasers from that requirement.

“Firearms are inextricably linked to the history and culture of Montana, and I’d like to support that,” Boniek said. “But I want to point out that the issue here is not about firearms. It’s about state rights.”

The House voted 64-36 for the bill on Saturday. If it clears a final vote, the measure will go to the Senate.

House Republicans were joined by 14 Democrats in passing the measure.

“I would hope that our U.S. Supreme Court would begin to retreat from what I think is an abusive interpretation of our interstate commerce clause,” said Rep. Deborah Kottel, a Democrat from Great Falls who supports the measure.

That clause in the U.S. Constitution grants Congress authority to regulate commerce with foreign nations, and among the states. The Supreme Court has handled cases seeking to limit the clause’s application in recent years. In 2005, the court upheld federal authority to regulate marijuana under the clause, even when its use is limited to noncommercial purposes n such as medical reasons n and it is grown and used within a state’s borders.

The Montana bill follows fears here and elsewhere that the election of Barack Obama as president will trigger more gun regulation. In the months before Obama’s inauguration, Montanans rushed to stock up on guns, pushing gun sales beyond normal benchmarks despite the recession.

Opponents of the measure worry lax regulations in the state could lead to a similar surge in both gun sales and gun manufacturing.

“Who are we bringing in and is this the kind of business we want to have in this state?” asked Rep. Sue Malek, D-Missoula. “I want our state to be recognized as a state that cares about people, and that cares about the environment.”

The bill is one of a number the Legislature is considering that may extend gun rights in Montana.

Earlier in the week, the House passed another measure, HB228, that would let Montanans carry concealed weapons in city limits without having permits.

On Saturday the House Judiciary Committee narrowly passed a resolution that affirms Montanans’ right to carry weapons in national parks and wildlife refuges. </td> </tr> </tbody></table>

Way to go Montana...more states will follow (actually already are following)

Edited February 24, 2009 by jackdog

[Guest jackdog]

Made in TN, says so right on the side.

It will only qualify if it is made here with all parts also made here as I understand the law as written

[Guest jackdog]

BATF would not be in the picture at all!

Now isn't that a happy thought:D