States making it a crime for federal agents to abuse rights

[johnharris]

[jarhead]

How will this apply to NFA weapons? Can a citizen purchase an NFA weapon if that firearm is manufactured in his state?

[TacticaLogic]

Hey Jarhead... Let's start a trend and not call them NFA weapons... Let's call them by what they actually are ("in-state made" full auto, "in-state made short barreled rifle, etc.) instead of making reference to anything "National", and thus giving the feds any more recognition than they already receive. If we call it an NFA weapon, the uneducated will think that it has to be dealt with at the federal level, since it has "National" in its type description.

I know where you are coming from, and understand your question. If we didn't have to worry about BATFE being afraid of giving up some turf and trying to make an example of someone, then yes, a TN citizen could purchase a full auto, SBR or some other weapon that falls under that act without bothering with federal regulation - AS LONG AS THE WEAPON WAS MANUFACTURED WITHIN THE STATE OF TN.

The real problem with our TN Firearms Freedom Act, as I see it, is that there is some question as to whether the feds can still claim interstate commerce is involved because the manufacturing equipment itself may not have been made in TN. Here's why, and I wish I could recall the exact circumstances: My sister-n-law CPA was telling about another incident similar to our TNFFA (the 10th Amendment Bill) in which IRS eliminated some tax credit (that was supposed to be claimable because the act creating the credit was intrastate based) claimed by a filer because the equipment and even the paper used to document the transaction was not made within that state. It sounds crazy, I know... But the IRS disallowed the credit because of the fact that 100% of the resources used to create the credit were not from within that state. The paper, documentation, and equipment used to process the tax credit creating act was from out of state. She gets information like this all the time, since she has to stay on top of the latest tax rulings. In my eyes, this will be the same route BATFE will try to take to knock down the TNFFA.

I hope I'm wrong, and nothing would make me happier than to be able to tell BATFE to "Take a hike!" I just don't know who is willing to be the guinea pig/sacrificial lamb. Montana has agreed to foot the legal bill for any citizen (arrested by the feds) for exercising their rights under Montana's 10th Amendment Bill. Tennessee hasn't gone that far, and I don't think anyone that I know, including me, has pockets deep enough to fight an extended legal battle. Federal prosecutors tend to be rather like a pitbull once they start prosecution, and know that if they can just keep it going long enough (since they seem to have unlimited taxpayer dollars to fund prosecutions) that even people that know they truly are innocent will have to beg for mercy (and strike a plea) just because they are out of money for their private attorney. That shows up as a "win" for the prosecutor, and thus improves his/her resume.

Just my 2 cents...

Mike

[Dan Lee]

The US Constitution is our true Law, & you don't need some damned Oracle to interpret it.. This is a good move by the states, regardless of what any court says..