Obama going after state gun laws
July 20, 2009
Clyde Middleton
Examiner
Obama's Bureau of Alcohol, Tobacco, Firearms, and Explosives is claiming constitutional supremacy to kill the 10th Amendment-driven state statutes to exempt in-state firearms from federal regulations. Their mode? Reminding gun dealers of their federal obligations.
Here's the ATF&E's letter to Tennessee federal firearms licensees. An extract:
"The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee ...
The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 ("Act"), effective June 19, 2009, has generated questions form industry members as to how this State law may affect them while engaged in a firearm business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supercedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply."
Montana FFLs got a similar letter.
Tennessee's law reads, in part:
"Federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state."
The argument is the Supremacy Clause of the US Constitution:
Article VI (in part): This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The key phrase in Article VI above is "in pursuance thereof." The Constitution was written from the perspective of restricting the powers of the Federal government, and expressly lists the only powers the Feds have. Nowhere does the Constitution give the Federal government the power to legislate on general matters within the states (as in performing the functions of a state legislature). It only allows the Feds to regulate in matters of "interstate commerce" (Article 1, Section 8, Clause 3). All other powers are reserved to the people and the states.
Amendment X: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
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