Posted at The Tenth Amendment Center
by Bryce Shonka

A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.

(Editor’s note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well)

Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennessee Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.

Governor Breseden allowed the bill to become law without signing.

The law states that “federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-

“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:

“The letter says, in part, ‘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.’ That is precisely what I predicted the Federal Government’s response to the Tennessee act would be. As I told Judge Andrew Napolitano on Fox News’s Glenn Beck Program ..., federal officials don’t care about a good historical argument concerning the meaning of the Constitution.”

“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”

“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”

The Federal Government has regularly claimed that the commerce clause of the constitution, which gives DC authority to regulate commerce between the states, gives them authority to regulate or add prohibitions on items that never cross state lines.

One notable use of the commerce clause in this manner can be found in the 2005 decision by the Supreme Court in ‘Gonzales vs. Raich’, where the court contended that consuming one’s locally grown marijuana for medical purposes affects the interstate market of marijuana, and hence that the federal government may regulate—and prohibit—such consumption. They used this claim, even though at the same time they made it clear that no legal market for marijuana exists.

One key aspect of the ATF’s letter is that it was only sent out to existing Federal Firearms Licensees, those generally already in compliance with federal regulations - and who likely would not have participated in the TN Firearms Freedom act anyway, according to sources close to Tenth Amendment Center.

Ultimately what the letter represents is another move in the chess match being played out between the states and the Federal Government, the resolution of which may not be seen for quite some time.

Below is the full text of the letter sent last week by the ATF:

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

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 your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.

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.

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 within the same 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 acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following 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 ammunition 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 ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)”

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Blatant disregard of the Constitution! DC still doesn't get it! They are pushing the states to their limits. It's getting closer to the day when stuff hits the fan and things get uglier than they already are.

Pray for our Country and Pray for all of us who are working hard to save her.

God Bless Us All.
Here again is another example that our federal government is a totally out of control!!! Supposedly, the federal government can ignore our Constitution, if it conflicts with their agenda. HORSE PUCKY!!! The feds forget the States CREATED the federal government, they can also ABOLISH it!!! Re-read the last part of our Declaration of Independance! It would be our PATRIOTIC DUTY to abolish the federal government, when it becomes this tyranical!!!
To give you a mundane parallel: You build a shed on your property. You decide to tear it down, to build a bigger shed or a garage. I come along and say I'm not going to allow that. I want your shed to stay just like it is. What legal right to I have to tell you what to do with YOUR shed, on YOUR land??? Were I to take this before a judge, he would laugh me out of court and stick me with ALL the legal expenses!!!
Subject: A REAL EYE OPENER



Here’s the full Health Care bill that sits in the House.

Following the mad recommendations of Peter Singer made in NYT’s Sunday magazine, it pays to take a look at what is actually in the healthcare bill.

It’s worse than you can possibly imagine. Somehow, it manages to be Singer on steroids. Who wrote this bill. It has Singer’s footprints all over it.

Peter Fleckstein (aka Fleckman) is reading it and has been posting on Twitter his findings. This is from his postings (Note: All comments are Fleckman’s)

Pg 22 of the HC Bill MANDATES the Govt will audit books of ALL EMPLOYERS that self insure!!

Pg 30 Sec 123 of HC bill - THERE WILL BE A GOVT COMMITTEE that decides what treatments/benes u get

Pg 29 lines 4-16 in the HC bill - YOUR HEALTHCARE IS RATIONED!!!

Pg 42 of HC Bill - The Health Choices Commissioner will choose UR HC Benefits 4 you. U have no choice!

PG 50 Section 152 in HC bill - HC will be provided 2 ALL non US citizens, illegal or otherwise

Pg 58HC Bill - Govt will have real-time access 2 individs finances & a National ID Healthcard will b issued!

Pg 59 HC Bill lines 21-24 Govt will have direct access 2 ur banks accts 4 elect. funds transfer

PG 65 Sec 164 is a payoff subsidized plan 4 retirees and their families in Unions & community orgs (ACORN).

Pg 72 Lines 8-14 Govt is creating an HC Exchange 2 bring priv HC plans under Govt control.

PG 84 Sec 203 HC bill - Govt mandates ALL benefit pkgs 4 priv. HC plans in the Exchange

PG 85 Line 7 HC Bill - Specs for of Benefit Levels for Plans = The Govt will ration ur Healthcare!

PG 91 Lines 4-7 HC Bill - Govt mandates linguistic approp svcs. Example - Translation 4 illegal aliens

Pg 95 HC Bill Lines 8-18 The Govt will use groups i.e., ACORN & Americorps 2 sign up indiv. for Govt HC plan

PG 85 Line 7 HC Bill - Specs of Ben Levels 4 Plans. #AARP members - U Health care WILL b rationed

-PG 102 Lines 12-18 HC Bill - Medicaid Eligible Indiv. will b automat.enrolled in Medicaid. No choice

pg 124 lines 24-25 HC No company can sue GOVT on price fixing. No “judicial review” against Govt Monop

pg 127 Lines 1-16 HC Bill - Doctors/ #AMA - The Govt will tell YOU what u can make.

Pg 145 Line 15-17 An Employer MUST auto enroll employees into pub opt plan. NO CHOICE

Pg 126 Lines 22-25 Employers MUST pay 4 HC 4 part time employees AND their families.

Pg 149 Lines 16-24 ANY Emplyr w payroll 400k & above who does not prov. pub opt. pays 8% tax on all payroll

pg 150 Lines 9-13 Biz w payroll btw 251k & 400k who doesnt prov. pub. opt pays 2-6% tax on all payroll

Pg 167 Lines 18-23 ANY individual who doesnt have acceptable HC accrdng 2 Govt will be taxed 2.5% of inc

Pg 170 Lines 1-3 HC Bill Any NONRESIDENT Alien is exempt from indiv. taxes. (Americans will pay)

Pg 195 HC Bill -officers & employees of HC Admin (GOVT) will have access 2 ALL Americans finan/pers recs

PG 203 Line 14-15 HC - “The tax imposed under this section shall not be treated as tax” Yes, it says that

Pg 239 Line 14-24 HC Bill Govt will reduce physician svcs 4 Medicaid. Seniors, low income, poor affected

Pg 241 Line 6-8 HC Bill - Doctors, doesnt matter what specialty u have, you’ll all be paid the same

PG 253 Line 10-18 Govt sets value of Dr’s time, prof judg, etc. Literally value of humans.

PG 265 Sec 1131Govt mandates & controls productivity for private HC industries

PG 268 Sec 1141 Fed Govt regulates rental & purchase of power driven wheelchairs

PG 272 SEC. 1145. TREATMENT OF CERTAIN CANCER HOSPITALS - Cancer patients - welcome to rationing!

Page 280 Sec 1151 The Govt will penalize hospitals 4 what Govt deems preventable readmissions.

Pg 298 Lines 9-11 Drs, treat a patient during initial admiss that results in a readmiss-Govt will penalize u.

Pg 317 L 13-20 OMG!! PROHIBITION on ownership/investment. Govt tells Drs. what/how much they can own.

Pg 317-318 lines 21-25,1-3 PROHIBITION on expansion- Govt is mandating hospitals cannot expand

pg 321 2-13 Hospitals have oppt to apply for exception BUT community input required. Can u say ACORN?!!

Pg335 L 16-25 Pg 336-339 - Govt mandates estab. of outcome based measures. HC the way they want. Rationing

Pg 341 Lines 3-9 Govt has authority 2 disqual Medicare Adv Plans, HMOs, etc. Forcing peeps in2 Govt plan

Pg 354 Sec 1177 - Govt will RESTRICT enrollment of Special needs ppl! WTF. My sis has down syndrome!!

Pg 379 Sec 1191 Govt creates more bureaucracy - Telehealth Advisory Cmtte. Can u say HC by phone?

PG 425 Lines 4-12 Govt mandates Advance Care Planning Consult. Think Senior Citizens end of life

Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, durable powers of atty. Mandatory!

PG 425 Lines 22-25, 426 Lines 1-3 Govt provides apprvd list of end of life resources, guiding u in death

PG 427 Lines 15-24 Govt mandates program 4 orders 4 end of life. The Govt has a say in how ur life ends

Pg 429 Lines 1-9 An “adv. care planning consult” will b used frequently as patients health deteriorates

PG 429 Lines 10-12 “adv. care consultation” may incl an ORDER 4 end of life plans. AN ORDER from GOV

Pg 429 Lines 13-25 - The govt will specify which Doctors can write an end of life order.

PG 430 Lines 11-15 The Govt will decide what level of treatment u will have at end of life

Pg 469 - Community Based Home Medical Services=Non profit orgs. Hello, ACORN Medical Svcs here!!?

Page 472 Lines 14-17 PAYMENT TO COMMUNITY-BASED ORG. 1 monthly payment 2 a community-based org. Like ACORN?

PG 489 Sec 1308 The Govt will cover Marriage & Family therapy. Which means they will insert Govt in2 ur marriage

Pg 494-498 Govt will cover Mental Health Svcs including defining, creating, rationing those svcs

Here’s the full Health Care bill that sits in the House.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_...
Page 114 SPECIFICALLY exempts Congressional members from mandatory enrollment into this "Hell-Care" Plan, for the first 5 years, then still makes it only an OPTION (NOT mandatory, NO fines) for them to enroll!
Representative John Fleming (R-LA) proposed HR 615 to include all of Congress, no vote reported yet.
Representative Dean Heller (R-Nev) proposed HR 3200 to include all of Congress, defeated 21-18, July 16, 2009. If THEY refuse to abide by this plan for socialized medicine, (which, although tried in several nations, has YET to work) what on Earth makes them think WE want it??? Gee, aren't they SUPPOSED to be representing US???
Remember Ruby Ridge and the incident where Randy Weaver had his son and wife murdered by the government assassins. It was proven in a court that the F.B.I. had coerced him in to breaking the law. Also the supposed missed court date that prompted the murder of his family, had not happened. The F.B.I. murderer Lon Hariuchi was not brought to trial for his act of murder.

The BATF is an arm of oppression used to spread terror against the good people of the country. The government needs not to know what I own, how many rounds of ammunition I have. It doesn't need to know anything with the exception of if I paid my yearly EXTORTION to them!
Fellow Patriots, my friends. It is our duty to keep up the fight and to hold (publicly) elected officials accountable, then fire them. It is also prudent to indict them for the crimes they commit while in office expeditiously especially here at home. Being told daily the fed is untouchable is smoke and mirrors. We know it is the states that empower them (the fed) and it's the citizens that have the power over our local and state officials. Look what’s happening to Tennessee. The fed tobacco and firearms agency (ATF) sent them a letter stating in no uncertain terms, that the state did not have the right to allow unrestricted manufacturing of fire arms, accessories, and ammo to be sold within the state for its citizens as they see fit period and they, the state, will comply with the feds demands! I guess they (the fed) didn't know the people of Tennessee know they DO have the right and the Fed does not have the right to nullify state laws. Each state is granted the powers to self govern according to the Constitution of the United States which is still the law of this country. The states have the right to govern themselves and declare sovereignty. It is the hope of the fed that those in the state will not know nor act on this point. Well folks guess what the latest outcome for Tennessee is? Thousands state citizens working in a large GM plant in Tennessee just lost their jobs because the Government owned GM closed a main plant in Tennessee (how curious is the timing) and the citizens found out the leaving sitting Governor, a Democrat, agreed to this matter after the ATF letter was being rebutted by the state senate majority. War on all fronts it is and pray we must. Believe in God Almighty to protect and act on our behalf is what we do and God will come through for those that truly believe. I believe and I ask that God Bless and encourage each and every one of you so you can encourage all those you know to keep the faith. God Bless you all, be patient and diligent. It is important to remember Pray IS the power we have as God’s faithful knowing you can ask for His Grace and Mercy and if it is His will, it will be on His time table..
every day I see more simialrities between where we are now and where we were in 1770. The only thing lacking to speed us to the inevitable is the group of leaders to direct our next actions.
To be clear, I do not want another form of government. I want occupants of same who abide by their oaths, who understand limited government and individual liberty.
UNITED STATES CODE, TITLE 28, PART VI, CHAPTER 176, SUB CHAPTER A, Sec. 3002. Definitions (15) ''United States'' means -


(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States

Since the US government is a corporation, one needs to tell the state senator and representatives to tell the Federal Governement to Kiss their A** Federeal governement has no jurisdication over the State, since every state is also a corporation. The Constitution is for the the people, not he government. We have to make the senator and respresentatives obey the supreme law of the law, if they don't want to listen, VOTE THEM OUT!, Pas that on to everyone you know, VOTE THEM OUT

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