HB1796/SB1610 Tennessee Firearms Freedom Act

[Guest HexHead]

Here's Bredesen's letter to Speaker Williams regarding this bill...

http://www.tennessean.com/assets/pdf/DN136663613.PDF

[Chucktshoes]

I wonder how this would apply to things made by oneself? I have a lathe, mill........?

This is what I am curious about. I got a Mini 14 that is begging for a can.

[Guest HexHead]

This is what I am curious about. I got a Mini 14 that is begging for a can.

I don't think it's just the can that needs to be made here to qualify. The Mini-14 would have to have been as well. Good luck with that.

[dunndw]

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.

Based on that I'd think it would just cover the "accessory" I'm happier than hell that it passed, but until someone with deep pockets tests the law, I don't think we will see much change. I don't think we'll be going into Guns and Leather and picking up suppressors next to the holsters.

[Chucktshoes]

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.

Based on that I'd think it would just cover the "accessory" I'm happier than hell that it passed, but until someone with deep pockets tests the law, I don't think we will see much change. I don't think we'll be going into Guns and Leather and picking up suppressors next to the holsters.

That was my reading of it as well. If i make a suppressor and have it marked with something like "Made and for use in Tennessee Only" it would fall under this law.

[Guest Moss88hunter]

Yea I have a Mossberg .22 that I would love to put a can on!

Evan

[Guest crotalus01]

.22 cans are pretty cheap even with the tax stamp currently required. You can get a YHM Mite for $199 or so. Well worth the money and paperwork IMO. My Walther P-22 with a YHM Mite is one of my favorite plinking guns.

[eapking]

Good deal. Now we need to entice some of those "Northeasterly located" companies down here - where we're a lot more friendly to the cause.

[G27]

My goodness, Bredesen's (lack of) understanding constitutional law is astonishing for someone who should, constitutionally, be one of the 50 most powerful government officials in the US. Instead of affirming this right, he'd rather spoon with the Fed Gov giving them more power than they rightfully should have.

Utterly disgraceful.

And to think there was a time when I thought he was actually a good governor.

[eapking]

He's showed his true colors of late. And I'm not slamming him 'cause he's a Dem. It's 'cause he lied about what he would do with the Restaurant Carry bill during his last election (that is: sign it).

[pegasusrider]

Was reading one of the online newspapers this morning about a convicted felon sentenced in federal court for possession of firearms and ammunition. The very last paragraph of the article was this:

"The firearms have been determined by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives to have been manufactured outside Tennessee and therefore, to have traveled in interstate commerce, according to the plea agreements in both cases."

The Greeneville Sun - News Story

[Motasyco]

Was reading one of the online newspapers this morning about a convicted felon sentenced in federal court for possession of firearms and ammunition. The very last paragraph of the article was this:

"The firearms have been determined by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives to have been manufactured outside Tennessee and therefore, to have traveled in interstate commerce, according to the plea agreements in both cases."

The Greeneville Sun - News Story

The feds are respecting this new law? I'm pleased to see this. A clear step forward. This must be another thorn in Bredesen's side after the comment he made when he allowed the bill to become law.

"The act asserts that the federal government cannot regulate guns that are made in Tennessee and never cross out of the state. The law is based on a "fringe constitutional theory" that will not stand up in courts, Bredesen said".

[Guest bkelm18]

The feds are respecting this new law? I'm pleased to see this. A clear step forward. This must be another thorn in Bredesen's side after the comment he made when he allowed the bill to become law.

"The act asserts that the federal government cannot regulate guns that are made in Tennessee and never cross out of the state. The law is based on a "fringe constitutional theory" that will not stand up in courts, Bredesen said".

I don't think they are referring to the new law (is it even a law yet?), I think they were just saying that these firearms were moved across state lines improperly. My interpretation at least.

[Photoguy67]

Just a thought, but since Tennessee's law will actually go into effect before Montana, if the Fed gov't decides to take Tenn to the Supreme court. Who would represent Tn?

[Fallguy]

Just a thought, but since Tennessee's law will actually go into effect before Montana, if the Fed gov't decides to take Tenn to the Supreme court. Who would represent Tn?

Not sure but the Attorney General I think.

[Guest djack41]

Reality check. It may be fun to discuss this issue but unfortunately, the Governor is legally correct.

This law is little more than a proper political statement which will die a very quick judicial death. A fact privately acknowleged by legal counsel of the NRA.

The federal government will not take Tennessee or Montana to court. It will be the citizen or manufacturer who foolishly chooses to follow the state law, while ignoring federal law, that receives the wrath. Anyone like to be the test case? Build a can and call ATF. They will grant your wish!

[USMCJG]

Reality check. It may be fun to discuss this issue but unfortunately, the Governor is legally correct.

This law is little more than a proper political statement which will die a very quick judicial death. A fact privately acknowleged by legal counsel of the NRA.

The federal government will not take Tennessee or Montana to court. It will be the citizen or manufacturer who foolishly chooses to follow the state law, while ignoring federal law, that receives the wrath. Anyone like to be the test case? Build a can and call ATF. They will grant your wish!

Correction. The governor is legally 100% incorrect. Legally the federal government does not have ultimate authority over all things firearm related. The feds power is constitutionally limited exclusively to interstate trade. They have no constitutional authority over intrastate trade. This does not mean that the Supreme Court won't ignore the Constitution and rule as they wish. They have ignored the Constitution many times before. But from a REAL legal standpoint they don't have a leg to stand on.

Cliff

[Guest HexHead]

Many states have been passing 10th Amendment resolutions, which is a feel good motion with no legal teeth. The "Montana bill" isn't really about firearms, it's just designed to be a lightning rod, particularly with the current administration and Attorney General to force a SCOTUS decision regarding the 10th Amendment.

As for who wants to be the test case? Alaska has also passed their version of the bill and the AK AG has already committed that the State will stand behind any Alaskan resident that ends up in the BATF's crosshairs over this both legally and financially.

So Bredesen is both right and wrong about this. The wrong part is that it will be quickly dealt with by the Federal courts.

[USMCJG]

Hex, What's Bredesen right about? I'm hoping someone in Alaska challenges the feds and BATFE on this sometime in the near future, before the potus gets to appoint any more Supreme Court justices. Not saying we'd win now, but we'd have a better chance now than we will later.

Cliff

[Guest HexHead]

Hex, What's Bredesen right about? I'm hoping someone in Alaska challenges the feds and BATFE on this sometime in the near future, before the potus gets to appoint any more Supreme Court justices. Not saying we'd win now, but we'd have a better chance now than we will later.

Cliff

That it's not really a firearms issue. It's a 10th Amendment issue disguised as a gun issue to get the administration's attention. Putting this in front of Holder is like waving a red cape in front of a bull.

That we could get SBRs and suppressors without the paperwork would just be icing on the cake.

[USMCJG]

That it's not really a firearms issue. It's a 10th Amendment issue disguised as a gun issue to get the administration's attention. Putting this in front of Holder is like waving a red cape in front of a bull.

Ahh. I understand what you are saying.

[Chucktshoes]

Just a thought, but since Tennessee's law will actually go into effect before Montana, if the Fed gov't decides to take Tenn to the Supreme court. Who would represent Tn?

Leslie Ballin?

[Guest djack41]

My point is no one should rely on this law. Some of the posts seemed to take this law too seriously.

It is a political statement and unsupported in law as presently applied by the courts. It will not be an effective defense to a federal prosecution. Neither the state of Alaska or state of Tennessee will serve a single day of a convicted citizen's sentence.

But it is a creme pie in the federal face!

[Guest bkelm18]

The bill's page now says "Returned by Governor without signature", does that mean it passed without his signature?

[56FordGuy]

My question is, how will the Federal government know?

Let's say XYZ Machine Shop starts cranking out SBR AR uppers and lowers, and stamps them Made In Tennessee. If a person were to buy one, what in the new law requires that any government agency be notified, unless the rifle was to be transported across state lines?