Obama Administration Takes Aim At Gun-Rights Revolt

[Jack Parsons]

The Obama administration is raising the stakes in a fight over states' rights and firearm ownership by arguing that new pro-gun laws in Montana and Tennessee are invalid.

In the last few months, a grass-roots, federalist revolt against Washington, D.C. has begun to spread through states that are home to politically active gun owners. Montana and Tennessee have enacted state laws saying that federal rules do not apply to firearms manufactured entirely within the state, and similar bills are pending in Texas, Alaska, Minnesota, and South Carolina.

Yet the Bureau of Alcohol, Tobacco, and Firearms, and Explosives now claims that that not only is such a state law invalid, but "because the act conflicts with federal firearms laws and regulations, federal law supersedes the act."

Tennessee's law already has taken effect. The BATF's letter on July 16 to firearms manufacturers and dealers in the state says "federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state."

A similar letter was sent to manufacturers and dealers in Montana, where the made-in-the-state law takes effect on October 1, 2009. Neither law permits certain large caliber weapons or machine guns, and both would bypass federal regulations including background checks for buyers and record-keeping requirements for sellers.

While this federalism-inspired revolt has coalesced around gun rights, the broader goal is to dust off a section of the Bill of Rights that most Americans probably have paid scant attention to: the Tenth Amendment. It says that "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."

Read literally, the Tenth Amendment seems to suggest that the federal government's powers are limited only to what it has been "delegated," and the U.S. Supreme Court in 1918 confirmed that the amendment "carefully reserved" some authority "to the states." That view is echoed by statements made at the time the Constitution was adopted; New Hampshire explicitly said that states kept "all powers not expressly and particularly delegated" to the federal government.

More recently, federal courts have interpreted the Tenth Amendment narrowly, in a way that justifies almost any law on grounds that it intends to regulate interstate commerce. In the 2005 case of Gonzales v. Raich, for instance, the Supreme Court ruled that a person growing marijuana for her own medicinal use could have a "substantial effect on interstate commerce."

(In an impassioned dissent at the time, Justice Clarence Thomas wrote: "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything -- and the federal government is no longer one of limited and enumerated powers.")

Gary Marbut, president of the Montana Shooting Sports Association, said in an interview with CBSNews.com on Monday that he expects to be facing off against the Obama administration in court soon. "We will find the right test cases to get us in court," he said.

Marbut believes that the letters were't that meaningful because they were addressed to gun manufacturers and dealers who already are licensed by the federal government. "Those people already are under the thumb of the Feds," he said. "We've assumed they wouldn't want to put their circumstances at risk in dabbling in the state-made guns business. The people who the letters are addressed to are pretty irrelevant to the whole discussion."

Translation: If you're a gunsmith talented enough to build a made-in-Montana gun under the state's forthcoming law, give Marbut a ring. Just don't be surprised if the Bureau of Alcohol, Tobacco, and Firearms, and Explosives is not entirely pleased.

http://www.cbsnews.com/blogs/2009/07/21/politics/politicalhotsheet/entry5176453.shtml?tag=stack

 

[acptulsa]

Federal law supercedes even though they're talking about guns that are built and sold without ever crossing a state line.

I smell a ninth and/or tenth amendment test coming to the Supreme Court within a couple of years. Hope the ninth and tenth win.

 

[RideTheDirt]

Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

So, Congress, have you even F#$@in read your job description? Sure doesn't seem like it.

 

[madengr]

More states need to jump on this. Too bad they did not take it all the way and exempt full auto. They supposedly (in MT) figurd it would not pass.

 

[Gideon]

Gun-Rights Revolt Takes Aim at Obama Administration

Administration Revolt Takes Aim at Obama Gun-Rights

Obama Revolt Takes Aim at Gun-Rights Administration

Obama Gun-Rights Administration Takes Aim at Revolt

Now which one is it?

 

[SimpleName]

I hate the "Regulate commerce" line. It is so easy to abuse because everything goes across state borders. Obviously that is not what the Founders intended, as the word "regulate" in the Constitution means "to make regular," NOT "have control over" but it is so frustrating to hear statists use this line for so many usurious reasons. It is really the center point of how these guys will claim they are still working within the Constitution. The Montana/Tennessee laws are actually quite irrelevant considering the true meaning of regulate.

I love hearing about the feds saying Montana has to abide by federal laws and regulations. Odd since those laws and regs are themselves illegal by way of the Constitution. That archaic document we so graciously ignore every single day across this country.

 

[Conservative Christian]

More states need to jump on this. Too bad they did not take it all the way and exempt full auto. They supposedly (in MT) figured it would not pass.

I don't see a problem with their incremental approach.

I agree that more states need to follow suit. Has Texas passed something similar yet?

.

 

[Pericles]

I don't see a problem with their incremental approach.

I agree that more states need to follow suit. Has Texas passed something similar yet?

.

Did not pass in Texas as the legislature adjourned. Maybe next time.

 

[xd9fan]

I do believe this country is at a "crossroads" phase.

Liberals and neocons know what they are doing. The redifition of america continues.

This fight is a good sign. Its a sign that we are gaining strength everyday......before I wondered if the gun movement had a pulse to begin with.

The massive liberal ( me 60's )generation will be dead in 15-20 years. They are very much responsibile for try to change this country into their Vision......and the debt it costs.

States are "getting it"