Constitutional Emergency

SENATE BILL 1644
By Beavers

AN ACT to amend Tennessee Code Annotated, Title 4,
relative to exempting from regulation under the
commerce clause of the Constitution of the United
States a firearm, firearm accessory, or ammunition
manufactured and retained in Tennessee.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2
through 6 of this act as a new chapter thereto.

SECTION 2. This chapter shall be known and may be cited as the "Tennessee Firearms
Freedom Act".

SECTION 3. The general assembly declares that the authority for this chapter is the
following:
(1) The tenth amendment to the United States Constitution guarantees to the
states and their people all powers not granted to the federal government elsewhere in
the Constitution and reserves to the state and people of Tennessee certain powers as
they were understood at the time that Tennessee was admitted to statehood. The
guarantee of those powers is a matter of contract between the state and people of
Tennessee and the United States as of the time that the compact with the United States
was agreed upon and adopted by Tennessee and the United States;
(2) The ninth amendment to the United States Constitution guarantees to the
people rights not granted in the Constitution and reserves to the people of Tennessee
certain rights as they were understood at the time that Tennessee was admitted to
statehood. The guarantee of those rights is a matter of contract between the state and
people of Tennessee and the United States as of the time that the compact with the
United States was agreed upon and adopted by Tennessee and the United States.
(3) The regulation of intrastate commerce is vested in the states under the ninth
and tenth amendments to the United States Constitution, particularly if not expressly
preempted by federal law. Congress cannot preempt state regulation of intrastate
commerce pertaining to the manufacture on an intrastate basis of firearms, firearms
accessories, and ammunition;
(4) The second amendment to the United States Constitution reserves to the
people the right to keep and bear arms as that right was understood at the time that
Tennessee was admitted to statehood, and the guarantee of the right is a matter of
contract between the state and people of Tennessee and the United States as of the
time that the compact with the United States was agreed upon and adopted by
Tennessee and the United States; and
(5) The Tennessee Constitution clearly secures to Tennessee citizens, and
prohibits government interference with, the right of individual Tennessee citizens to keep
and bear arms.

SECTION 4. As used in this chapter, unless the context otherwise requires:
(1) "Firearms accessories" means items that are used in conjunction with or
mounted upon a firearm but are not essential to the basic function of a firearm, including
but not limited to telescopic or laser sights, magazines, flash or sound suppressors,
folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for
target illumination;
(2) "Generic and insignificant parts" includes but is not limited to springs, screws,
nuts, and pins; and
- 3 - 00263805
(3) "Manufactured" means creating a firearm, a firearm accessory, or
ammunition from basic materials for functional usefulness, including but not limited to
forging, casting, machining, or other processes for working materials.

SECTION 5. A firearm, a firearm accessory, or ammunition that is manufactured
commercially or privately in 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.
- 4 - 00263805

SECTION 6. A firearm manufactured or sold in Tennessee under this chapter must
have the words "Made in Tennessee" clearly stamped on a central metallic part, such as the
receiver or frame.

SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring
it.

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