Fed Negates New Gun Rights Laws Passed by Tennessee and Montana

Executive Summary - Tennessee and Montana both passed laws pertaining to firearms and ammunition earlier this year. The laws from both states essentially said that firearms and ammunition manufactured inside their respective state and not sold or shipped outside of that state were exempt from the Federal Gun Control laws. The states legal position was based on the the Tenth Amendment which reads as follows:

"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."

No gun control powers were ever granted to the Federal Government.

Enter the ATF - The ATF sent the following letter to all federally licensed firearms dealers in these two states.

U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEE

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (FFL). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is dedicated to your success in meeting requirements as a Federal Firearms licensee.

The passage of the Montana Firearms Freedom Act, 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 firearms business activity. The Act purports to exempt personal firearms, firearms accessories and ammunition manufactured 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.

As you may know, 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 in the state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge and serial number of each firearm manufactured or otherwise, and the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunitions have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of phone numbers can be found at: http://www.atf.gov/contact/field.htm

What Next - The states have some choices to make. It is the opinion of this writer that the Federally Licensed Firearms dealers are in fact under Federal jurisdiction as long as they have their licenses. Thus they should comply with the ATF letter or else surrender their licenses. It appears that this is why they chose to send the letter to this class of people.

What the states will do next is hard to figure. The same tenth amendment is threatened to be used to opt out of new health care laws being passed. If the Fed lets the states assert their rights then the Fed will be put in its rightful place as a servant of the people and the states, not a dictator over them. The Fed will not like this. Going to the Federal courts and asking them to resolve this is of course not fair. The judges collect a paycheck from the Fed so how can they be unbiased, come on lets get real. The states will either submit or secede.

This writer thinks at least some of them will secede. Taking the Fed to court seems to be a tactic the Fed wants the states to pursue. This will take years to resolve. The Fed wants to buy time as it increases its grips on rights of all sorts. A ruling in favor of the states from the Fed seems extremely unlikely, almost impossible. The states can secede without the permission of the Fed and that is the way things may in fact go. This will of course bring the Fed to the negotiating table fast and ready to cut a deal. We will see how things go but this writer is not optimistic. Most of the sates will want to try the courts before they secede. Have they never heard of the second amendment? They need more confirmation of what they know is happening? Let's wait and watch.

Aurelia Masterson is an associate of Panama Legal law firm (http://www.panamalaw.org). She has years of experience in the field and now shares her observations of current events, politics, and law with the Internet community. She can be contacted at: aurelia@panamalaw.org.