HB1796/SB1610 Tennessee Firearms Freedom Act

[USMCJG]

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

It just means the governor refused to sign it, but did not veto it. Just like he said he would do. Without the governor's signature it will become law after, I believe, ten days. Someone correct me if I'm wrong.

[USMCJG]

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?

That's a good question. I have no idea how that would work. Anybody have any ideas? Based on what I've seen an item like a suppressor wouldn't have to be registered, or even given a serial number, so I don't see how it could be traced. I imagine you'd pretty much have to be caught in the act of using it, but I really don't know.

[Motasyco]

Now, this is more like the discussion I hoped to hear when I started this thread.

This IS about the 10th Amendment. It's encouraging to see that states are beginning to take some kind of interest in the Constitutional rights of it's citizens. The federal government has overstepped it bounds. It's taken more control over us as individuals than was ever intended. Too many are willing to be passive, it's not worth the effort. WE need to stand up for our rights. Involvement by states will get much more attention than any of us would get individually. Will the feds fight it? Of course. But I'm not willing to give up hope until the door has been closed and even than I won't give up the hope that the door can be reopened.

Ok. I'm done waving my flag for now, let's hear what the rest of you have to say.

[Guest redbarron06]

Now, this is more like the discussion I hoped to hear when I started this thread.

This IS about the 10th Amendment. It's encouraging to see that states are beginning to take some kind of interest in the Constitutional rights of it's citizens. The federal government has overstepped it bounds. It's taken more control over us as individuals than was ever intended. Too many are willing to be passive, it's not worth the effort. WE need to stand up for our rights. Involvement by states will get much more attention than any of us would get individually. Will the feds fight it? Of course. But I'm not willing to give up hope until the door has been closed and even than I won't give up the hope that the door can be reopened.

Ok. I'm done waving my flag for now, let's hear what the rest of you have to say.

Well let me find a handfull of lawyers that will work pro-bono and a company that will sell me can (it has to fit an AR-15, I at least want to be able to use it before they haul me in) stamped "Made in the great state of Tennessee" and I will be the guinea pig. Hell we can even bring out the media and get the whold damn thing on tape. I am sure it will go all the way to SCOTUS so if there are some eager go getting alwyers out there thay want to make a name for themselves shoot me a message, "I'm your huckleberry".

[JayC]

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!

That might happen here in TN, but the Montana law requires the AG of Montana to defend any citizen charged under their 10th amendment law... So if the feds pick somebody in Montana they will be fighting the state AG not just the citizen in question.

[JayC]

There are two big things that could be added to this law in TN if we were serious about putting a stop to the ATF overstepping the 10th amendment...

First revoke revoke law enforcement powers in the state of TN for federal employees involving firearms made under this law. You take away their law enforcement powers involving cases for guns made in TN that stay in TN then their just another citizen with no special powers or rights.

Second, make it a felony to attempt arrest a TN resident who makes or posses a firearm made in TN that stays in TN under this new law.

Neither are likely to happen here, but if those two basic provisions were enacted it would put a stop to the ATF coming in and trying to arrest somebody...

And before anybody says that wouldn't fly legally, it's basically the same plan northern states used right before the civil war to ignore slave fugitive laws passed by congress, and I'm pretty sure it was upheld as legal by SCOTUS back in the day.

[Guest bkelm18]

It just means the governor refused to sign it, but did not veto it. Just like he said he would do. Without the governor's signature it will become law after, I believe, ten days. Someone correct me if I'm wrong.

Well yeah, that's what I was asking. The wording of it confused me a bit. The 10 days begins once it hits his desk. He had 10 days to sign it, veto it, or not sign it. He didn't sign it, the 10 days lapsed, and now it will become law.

[USMCJG]

Well yeah, that's what I was asking. The wording of it confused me a bit. The 10 days begins once it hits his desk. He had 10 days to sign it, veto it, or not sign it. He didn't sign it, the 10 days lapsed, and now it will become law.

I saw someone mention that the law would go into effect July 1. So I'm still a bit confused myself.

[Guest HexHead]

I saw someone mention that the law would go into effect July 1. So I'm still a bit confused myself.

Regardless of when the bill is signed or allowed to become law, it becomes effective on a specific date if that is put into the bill. If no date is specified, it becomes law as of it's being signed or at the end of the 10 day period.

Unless it's passed or signed after the "effective date", like HB 0962 was, then there's a 40 day time lag.

[USMCJG]

Regardless of when the bill is signed or allowed to become law, it becomes effective on a specific date if that is put into the bill. If no date is specified, it becomes law as of it's being signed or at the end of the 10 day period.

Unless it's passed or signed after the "effective date", like HB 0962 was, then there's a 40 day time lag.

Thanks for the clarification HexHead. That is what I thought, but I had seen the July 1 date several places so I wasn't positive. I knew that I hadn't seen an effective on date in the bill, it just says- "This act shall take effect upon becoming law, the public welfare requiring it.":koolaid:

[JayC]

Regardless of when the bill is signed or allowed to become law, it becomes effective on a specific date if that is put into the bill. If no date is specified, it becomes law as of it's being signed or at the end of the 10 day period.

Unless it's passed or signed after the "effective date", like HB 0962 was, then there's a 40 day time lag.

Or if the phrase "the public requiring it" is not there it becomes law 40 days after being passed. It's very rare anymore for a bill not to have that phrase but it does happen from time to time.

[Fallguy]

It's law....

Public Chapter 435

[Punisher84]

So when are we gonna see some suppressors marked Made in Tennessee? Daddy want lol

[USMCJG]

So when are we gonna see some suppressors marked Made in Tennessee? Daddy want lol

Me too. I almost bought one earlier this year. I MAY be glad I waited, but I'm not holding my breath. I'm really curious to see if anyone is going to be willing to risk making and selling some Made in Tennessee suppressors or SBRs. We might have a chance of seeing some suppressors, but SBRs, etc. might require a considerable investment(due to all firearm specific parts being required to be produced in TN) and be a way bigger risk, at least financially. If anyone wants to make a TN legal suppressor, I'll buy it. We can compare sentences later, after the feds get ahold of us.

Cliff

[Guest redbarron06]

I have already volunteerd to be the test subject. Now just need a hungry lawyer that wants to make a name for himself in US vs Redbarron06 and a company that will sell it to me.

[Guest colombianito1021]

im down too....we should all purchase at the same time...if one goes down, we all go down!!!

[Guest redbarron06]

im down too....we should all purchase at the same time...if one goes down, we all go down!!!

I am in! We need a group of good solid lawyers before we get this started. Did I mention they need to be able to go all the wasy to SCOTUS probono?

[Paletiger13]

I'm in!!! Where do I sign up? I wanna suppress my AR and pistolas

[LagerHead]

What does that mean? It passed the House on 5/28. Is it just waiting on Williams signature now before it's sent to the douchebag's err governor's desk?

HexHead, you should apologize for this statement. I mean, what did all the douchebags of the world do to be compared to our governor? If I was a douchebag, I'd be offended.

[ukerduker]

I got cash, who is selling these "made in TN" suppressors? There has to be some savy entrepreneur out there.

[Guest tedbo]

Hmmmm, I guess I will need to sell one of my guns to finance a "Made in Tn" suppressor!

[Guest logicprevails]

Here's the thing that bothers me.

The way I understand HB1796/SB1610 as it was enacted is that it is telling the Feds that it's up to the state to legislate, regulate, manage, etc. firearms and 'accessories' (i.e. supressors) that are stamped 'Made in Tennessee' within the intrastate commerce realm.

The problem is, I still can't see how it would be legal to own a suppressor in TN, as T.C.A 39-17-1302 (a) (5) still restricts it on a state level [even if the Feds didn't regulate, we still did], except as a defense against prosecution shown in T.C.A 39-17-1302 ( (7) [having to have the Fed tax stamp]

[Paletiger13]

Are there any suppressors made in Tennessee?

[Guest redbarron06]

Are there any suppressors made in Tennessee?

I have heard that there is a company on the south side of Nashville but I can not remimber what the name was.

[Guest GunTroll]

So nothing is really happening yet for you TN people. No arrest? No news papers putting out anything? I'm in CO but moving to your neighborhood in three weeks. I'm very curious about this legislation. This has got a SCOTUS case written all over it!