TENN to Slam Dunk M855 Ban - Fed Gun Control Efforts.

[Rickman]

So Tn is stepping up the fight against this admins assault on the 2A including any attempts at Executive Orders.

http://www.shallnot.org/tennessee_bills_would_block_federal_gun_control

 

[ohen cepel]

Good for TN! It is a great state.

I don't see how the feds can turn a blind eye to FEDERAL law regarding immigration and marijuana while then over reaching in other areas.

 

[pbharvey]

So are they tossing out all the federal gun laws?

 

[A1Uni]

Not "tossing out" just refusing to expend any State resource to enforce them, same net result though unless the Feds come up with the personnel and money to enforce.

 

[rob-cubed]

I don't see how this would pass, but it would create havoc if it did. Gun dealers are licensed by the Feds; they either follow Fed regulations or ignore them at the risk of being raided and shut down. Taking away state funding would just mean the state would not be party to any arrests or enforcement, but the Feds are still free to do so.

Whether in-state sales of M855 are legal or not, if you can no longer buy it from the usual out-of-state surplus sources it's irrelevant.

But more power to Tennessee... it's top of my short list for places to retire.

 

[A1Uni]

I don't see how this would pass, but it would create havoc if it did. Gun dealers are licensed by the Feds; they either follow Fed regulations or ignore them at the risk of being raided and shut down. Taking away state funding would just mean the state would not be party to any arrests or enforcement, but the Feds are still free to do so.

Whether in-state sales of M855 are legal or not, if you can no longer buy it from the usual out-of-state surplus sources it's irrelevant.

But more power to Tennessee... it's top of my short list for places to retire.

It would not be an issue.

As you noted, it just means the State of TN would not enforce Federal law in this area, the Feds could and would still audit and regulate dealers, just without state assistance, so they are not saying the laws don't exist; they are just telling the Federal Government, you write em you enforce them.


When the MD State police audit us, they don't even look at 4473s for the most part, they are just concerned with state paperwork.

Of course the difference is in MD the local authorities are eager to bring charges that lead to Federal prosecution, and often do.

 

[Alea Jacta Est]

So are they tossing out all the federal gun laws?

Can can...SBR...MG.

I smell potential!

 

[fabsroman]

I don't see how this would pass, but it would create havoc if it did. Gun dealers are licensed by the Feds; they either follow Fed regulations or ignore them at the risk of being raided and shut down. Taking away state funding would just mean the state would not be party to any arrests or enforcement, but the Feds are still free to do so.

Whether in-state sales of M855 are legal or not, if you can no longer buy it from the usual out-of-state surplus sources it's irrelevant.

But more power to Tennessee... it's top of my short list for places to retire.

Can there be any comparison to pot being legalized in some states while the federal government is still saying it is illegal?

 

[amoebicmagician]

This is incredible. Man, TN is awesome.

 

[Mdot]

It's only a symbolic middle finger.

If you can't get it, it doesn't matter if you can use it without enforcement of its illegality.

The AR 15 pistol was nothing but a set up all along to eventually make the AR 15 rifle useless through the ban of ammo that can be used in both.

 

[Alea Jacta Est]

BT TN

 

[Fishguy]

What happens when the Fed says, "ok great, you don't want to play ball with our directives on gun control, maybe we will lose your federal grants for road construction?"

 

[Hit and Run]

What happens when the Fed says, "ok great, you don't want to play ball with our directives on gun control, maybe we will lose your federal grants for road construction?"

Seem to recall that Supreme Court addressed that "punishment concept" in a ruling on a related topic. Maybe some better legal mind can address, but I don't think they can blatantly do that anymore.

 

[Fishguy]

Seem to recall that Supreme Court addressed that "punishment concept" in a ruling on a related topic. Maybe some better legal mind can address, but I don't think they can blatantly do that anymore.

I hope so.

 

[rob-cubed]

Can there be any comparison to pot being legalized in some states while the federal government is still saying it is illegal?

Totally. Feds could effectively shut down CO dispensaries, but have simply chosen not to get involved. If there wasn't millions in tax revenue at stake, I bet things would probably different in terms of their response.

If gun dealers started flagrantly ignoring existing laws, you can be the Feds would be all over it. Almost a dozen states have already passed nullification laws that protect them from any further Federal firearms infringements--including Tennessee. Kansas even makes it a felony for Fed officials to enforce firearms laws in their state. But nobody has actually tested the waters and done something the BATFE considers "illegal". Until they are challenged in court, nullification/2A preservation laws seem more symbolic at this point.

In spite of the very divided opinions on legalized marijuana on this forum, it's at the forefront of the state's rights battle right now and could end up setting precedent for other challenges.

 

[lsw]

Very interesting. Could a smaller jurisdiction, say a county adopt similar legislation? (Western Maryland take note here!)

 

[whistlersmother]

Should the Feds attempt a smack-down of MJ laws / nullification at the state level, I wonder if that opens up a state sueing the Fed on 10A grounds?

 

[fabsroman]

Very interesting. Could a smaller jurisdiction, say a county adopt similar legislation? (Western Maryland take note here!)

The answer is no. Carroll County is going with nullification of SB281, but Maryland and the Maryland State Troopers can still enforce SB281 if they so choose. It just means the county chooses not to enforce the law.

Kind of like some of the sex laws on the books. Guessing they leave them on the books, "just in case", but they are rarely, if ever, enforced.

 

[gamer_jim]

Didn't TN, and several other states, say that some federal firearms laws didn't apply if the weapon was built in state and never left the state?

Has that ever been challenged?

 

[rob-cubed]

Didn't TN, and several other states, say that some federal firearms laws didn't apply if the weapon was built in state and never left the state?

Has that ever been challenged?

A few states passed similar laws saying that any firearm built in state and sold in state didn't have to go through NICs nor follow any Fed regs, as the gubmint only has the constitutional authority to regulate interstate commerce. To my knowledge, dealers in those states are still complying with Fed laws and have not actually challenged their BATFE field agents. If there are "unlicensed" manufacturers selling directly to the public, that hasn't popped up on the radar yet.

I applaud all the people pushing these nullification laws through their respective legistlatures, even if it's a bit of political theater. It gives me hope that there are still rational people out there who understand what the grabbers are trying to do and head them off at the pass. For every Froshy law that gets passed in MD, there's a balance somewhere out in free 'Merica.