Tennessee Firearms Freedom Act
Via R. Neal, comes this bill by blogging rep Stacey Campfield called the Tennessee Firearms Freedom Act. It’s similar to a Montana bill I discussed here only it has teeth.
From the bill:
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Tennessee and that remains within the borders of Tennessee is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Tennessee from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Tennessee and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Tennessee does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Tennessee from those materials. Firearms accessories that are imported into Tennessee from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Tennessee.
It excludes machine guns and destructive devices. But this means that firearms, sound suppressors, short barreled rifles, short barreled shotguns, and any other weapons would not require National Firearms Act registration per state law if they were made in state and marked accordingly.
I find it odd since Tennessee law generally mimics federal law. And, of course, Tennessee law bans sound suppressors, short barreled rifles, short barreled shotguns, and any other weapons with registration of these items as NFA items being an affirmative defense to their possession.
I think, mainly, the bill’s intent is to nip the ATF’s crackdown on do it yourselfers in the bud. Because for NFA toys, it doesn’t do much.
Update: If it passes, seems to me that one could go in the firearm business without all the red tape currently required by the feds.
February 28th, 2007 at 11:09 am
It might be more about federalism than about firearms – that is, this bill could just be the setup for a case that will require the supreme court to take another look at the limits of the interstate commerce clause. Not that this will do anything to clear up the horrible muddle that already exists – since they’ve already ruled that there are limits to the ICC where guns are concerned, but none where marijuana is concerned…
February 28th, 2007 at 11:20 am
It’s a nice symbolic gesture, but it won’t overcome the supremacy clause in court. Still, I think stuff like this helps though, because it shows the courts that states are getting tired of this stuff.
February 28th, 2007 at 4:34 pm
That’s a dang nice bill…..but sure gets tiresome to have to remind the feds of their proper role.
I’d sure rather try and coax them back into their Constitutional restraints with bills like this than any other way.
February 28th, 2007 at 10:55 pm
You mean exactly like one could set up shop in California to grow and dispense medical marijuana, right?
I’m pretty sure that the
DEA, err I mean BATFE would likely just totally leave you alone then, right?March 1st, 2007 at 10:53 pm
Let me see now . . . this thing has a trigger (firing mechanism), a barrel, a stock/grip and it fires projectiles . . . so it is called a “gun” which includes everything from a missile launcher to a BB gun, be it a pistol, revolver or rifle. It could be mounted on an airplane, tank, water vessel or inside your pocket.
The gun banners only focus on “civilian” weapons. But it is perfectly OK for these same gun banners to sanction weapons of mass destruction! Why? They are either stupid civilians or idealogs who want your freedom on a silver platter!
Americans – Beware of BOTH!
March 14th, 2007 at 9:39 pm
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