HB1796 - 10th Amendment on TN made firearms

[johnharris]

Another important bill was HB1796 by West and Fincher (both TFA members), passed the House Judiciary today unanimously. Rep. West is still recovering from a heart attack and Rep. Henry Fincher handled the presentation on the bill. This is a 10th Amendment bill and perhaps the 1st to make it to the full floor this year! Its important not only for 2nd Amendment issues but 10th Amendment as well and should be well received conceptually by the Tea Party movement.

This bill states that 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. This bill states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee.

This bill followed on the heels of the passage of a similar law in Montana recently. It was also highlighted by Foxnews 17 in Nashville

http://www.fox17.com/newsroom/top_stori ... 5694.shtml

[Lemonhead]

Awesome bill, too bad it doesn't include machine guns :(.

[C. Richard Archie]

Sabre Defense and Barrett would be covered?

[redbarron06]

[johnharris]

Here is a group project.

Assume you have the chance to discuss this bill with the House/Senate members who are going to consider it. What would you offer as talking points, historical precedent, etc. to support the bill? Quick now.

No rules apply - use the internet all you want.....

[backwoodsman]

how about the fact that whether it's imported or not it's under the jurisdiction of this state, not that overblown fat cat beauracracy, when the constitution was written it didn't include the fed will regulate your firearms!!!!!!!!! that's the kind of thing that started that revolution, it wont stop there if the people sit back and allow their iron fistedness.

[C. Richard Archie]

As it affirms rights established under the 10th Amendment, it affects other items of commerce of TN manufacture. Once established as the norm, will limit the Federal Gov.'s ability to control the entirety of life of the citizens of the various states. Is a step to putting the Federal Government back into the role the framers intended. Cascaded across the nation, it will force a showdown between the socialist and those who desire to see our Republic continue to exist, and require a choice between accepting an ever increasing heavy handed rule by a chosen few or a step back to a view of the will of the People through States Rights.

[photoguy67]

[Lemonhead]

This bill states that it does not apply to:

(1) A firearm that cannot be carried and used by one person;
(2) A firearm with a bore diameter greater than 1 and 1/2 inches that uses smokeless powder;
(3) Ammunition with a projectile that explodes using an explosion of chemical energy after leaving the firearm; or
(4) A firearm that discharges two or more projectiles with one activation of the firing device.

[redbarron06]

[johnharris]

The problems seems to be

1) It was language borrowed from another state

2) Legislators really just do not understand the 2nd Amendment

[C. Richard Archie]

What changes should we be asking for in an Amendment to this?

[johnharris]

Its stalled in the Senate, so I am not sure I would seek amendments unless we get it moving.

If we do get it moving, I would strip out the entire "does not apply" section. Its simply inappropriate if you are taking the position that items totally manufactured in the state are not covered by the 10th Amendment just because they are "machineguns". The items either are or are not in interstate commerce and that is where the inquiry should end!

[redbarron06]

[quote="C. Richard Archie"]What changes should we be asking for in an Amendment to this?[/quote]

Having these restriction removed
[/quote]
(1) A firearm that cannot be carried and used by one person;
(2) A firearm with a bore diameter greater than 1 and 1/2 inches that uses smokeless powder;
(3) Ammunition with a projectile that explodes using an explosion of chemical energy after leaving the firearm; or
(4) A firearm that discharges two or more projectiles with one activation of the firing device.[/quote]

Now this brings another question to my mind. Lets say it passes and becomes law. I go down to Sabre in Nashville and get a legan made in TN 10.5 inch AR. Would I be guility of tax evasion for not paying the Treasurey department to have it?

[Mausermeister]

I would say all restrictions should be removed. But, I'm just one of those "crazy gun nuts" who thinks our founding fathers intended the people should be armed as well as or better than the government.