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July 20, 2009
ATF Discards Second and Tenth Amendments
As Tennessee and Montana have recently learned, the Second and Tenth Amendments are trumped by the whims of ATF bureauweenies. From an ATF open letter to all Tennessee federal firearms licensees:
The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 ("Act"), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms 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 supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
Montana received a very similar letter:
The passage of the Montana Firearms Freedom Act, Montana House Bill 246 ("Act"), effective October 1, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms 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 supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
The Second Amendment to the US Constitution:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Tenth Amendment:
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.
The ATF is under the control of the Justice Department, which in turn is run by the pro-terrorist Eric Holder. How would Holder reconcile the letters and amendments above? He doesn't have to, because he regards us as a nation of cowards.
On a tip from Bubba.
Posted by Van Helsing at July 20, 2009 8:50 AM
Comments
2012 Match-ups: Obama, Romney Tied at 45%; Obama 48%, Palin 42%
Posted by: blue at July 20, 2009 9:15 AM
How would Eric Holder reconcile the letters above with these amendments? He doesn't have to, because he regards us as a nation of cowards.
Well, he's right about that. A nation with any balls would have tarred, feathered and run out of town on a rail the likes of Holder long, long ago.
Posted by: Rob Banks at July 20, 2009 9:53 AM
In our Constitutional Republic, AS CREATED, state law trumps federal law. It was Lincoln that brought about the "chain of command" type of government that we have today, but it took several generations to begome "the norm".
Liberals LOVE an all-powerfull national government that's answerable only to itself. That's what they work to create, even if they don't know it.
Posted by: KHarn at July 20, 2009 9:59 AM
The people of those states spoke out in obvious support to their representatives that passed this act into law.
Those same people did not have an opportunity to vote in a terroristic ATF Div.
I say if the people did not want that law- it wouldn't have been passed. ATF has no business in interferring with the rights of the people. The ATF is just being used as a strong arm of the government to uphold taxation!
Posted by: Steve at July 20, 2009 10:09 AM
Blue: Those numbers are astounding fir this early in a presidents term. Wow.
Posted by: Mongoose at July 20, 2009 11:08 AM
The BATFE should be abolished just like the EPA should be abolished
Posted by: SPURWING PLOVER at July 20, 2009 11:18 AM
Um, I believe AFT is under the authority of "Turbotax" Geitner. It is part of the Treasury, specifically the Internal Revenue Service, not the Justice Department. Scary, never the less.
Posted by: thevidiot at July 20, 2009 4:00 PM
"For many years, the people’s attention in the Battle for America has been directed toward the federal government and its offices... The danger to the nation is worse than it ever was... does there remain any governmental Horatius who can...restore the Constitution? There is. Lock and load, mount up and prepare for the return of the sheriff... here comes Sheriff Richard Mack, elected and re-elected in Graham County, Arizona, where he served for eight years. During his tenure, three federal agents came to a meeting of Arizona sheriffs and told them in certain terms how they would be dragooned as unpaid federal bureaucrats and administer the new, federal Brady gun registration law... Richard Mack and the other Arizona sheriffs at the meeting rebelled... He sued the United States, and Sheriff Jay Printz of Montana joined him as plaintiff.
On June 27th, 1997, the sheriffs won; in Printz v. U.S. (521 U.S. 898) the U.S. Supreme Court struck Brady down. Associate Justice Antonin Scalia wrote the ruling for the Court, in which he explained our system of government at length. The justly revered system of checks and balances is the key:
". . . The great innovation of this design was that ‘our citizens would have two political capacities, one state and one federal, each protected from incursion by the other’" – "a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it." (P. 920)
Scalia quotes President James Madison, "father" of the Constitution: "[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere." The Federalist, No. 39 at 245...
What does all this mean today in the Battle for America? Sheriff Mack says it proves that the sheriff is the highest governmental authority in his county. Within that jurisdiction – inside his county – the sheriff has more power than the governor of his state. Indeed, the sheriff has more power in his county than the President of the United States. In his county, he can overrule the President and kick his people out. Remember, the President has few and limited powers. What? The sheriff can do that?... That’s right. Not only can the sheriff do that; sheriffs have already done that, more than once... In 1997, in Nye County, Nevada, federal agents arrived to seize cattle that belonged to rancher Wayne Hage. The sheriff gave them a choice: skedaddle or be arrested. They skedaddled. The cows stayed where they were... So the long dormant spirit of America is reviving. The states are beginning to adopt Tenth Amendment resolutions, using powers they have always had. The people are restoring our long unbalanced constitutional system... In the new crusade, you will approach your sheriff and tell him... that he has powers he may not be aware of. You have come to tell him what they are and to back him up. My guess is, when you tell him that, he will not kick you out.
Tell him you expect him to return the courtesy when the Nazis come from the District of Criminals to get the guns. Tell him you are ready in a minute to serve under his direction in a posse. He will not move to Washington and be corrupted. He will stay there with you. Show him the ten orders the Oath Keepers will not obey. The Oath Keepers are retired and active duty military and police. Their web site is oath-keepers.blogspot.com. The first order they promise to disobey is an order to disarm you.
Put him together with Sheriff Mack. You will find him at sheriffmack.com. His telephone numbers are 928 792-4340 and 928 792-3888. Bring the sheriff to your town to speak. He will explain all this. Invite your own sheriff. At the meeting I attended, the local sheriff and chief of police were there and loved what they heard. No one dislikes hearing how important he is.
What if your sheriff is stupid or a federal factotum? That is what you will find in many big cities...In such cases, says Sheriff Mack, move to a county where the sheriff is receptive. Many more will be. For instance, in Texas there are 254 counties. Each has a sheriff. If it is feasible to do so, run for sheriff yourself... Imagine the intense joy of meeting IRS Communists or BATFE Nazis at the county line and denying them admission. The Battle for America will be decided in your county at your front door. If you act now, later you will not need to "fill your hand."
http://etherzone.com/2009/stang032009.shtml
Posted by: chairman soetoro's oprichniki at July 20, 2009 8:19 PM
Demacratic moonbats dont belive the constitution means anything ecept allowing them to run around naked carrying signs reading SAVE THE TOOTIE BUGS GO NAKED FOR GAIA
Posted by: Flu-Bird at July 20, 2009 9:22 PM
