Tennessee: Firearms Freedom Act Passes Both Houses

Discussion in 'Firearms' started by Seacowboys, Jun 4, 2009.


  1. Seacowboys

    Seacowboys Senior Member Founding Member

    Tennessee: Firearms Freedom Act Passes Both Houses

    Posted on 03 June 2009
    Today, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.
    On its way to the Governor’s desk, the bill 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.”
    The bill also states that “firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee.”
    “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,” urged Judiciary Chairman Mae Beavers. “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.”
    Read the Full Text of the Bill Below:
    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 7 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 act 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 has not expressly preempted 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) “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 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.
    SECTION 6. Section 5 of this act shall not apply to:
    (1) A firearm that cannot be carried and used by one (1) person;
    (2) A firearm that has a bore diameter greater than one and one half (1 ½) inches and that uses smokeless powder, not black powder, as a propellant;
    (3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
    (4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
    SECTION 7. A firearm manufactured or sold in Tennessee under this chpater must have the words “Made in Tennessee” clearly stamped on a central metallic part, such as the receiver or frame.
    SECTION 8. This act shall take effect upon becoming a law, the public welfare requiring it.
     
  2. The Expendable

    The Expendable Bread and Circus Master

    Tennessee is following in Montana's footsteps. Excellent! Two down, 48 to go... although it's highly doubtful that all 50 states would ever reclaim their 10th amendment rights. But thankfully there are about 22 or 23 states currently drafting or voting on their own state sovereignty.

    I do realize that the Tennessee and Montana bills refer specifically to firearms, but they are both based on the 10th amendment.
     
  3. kckndrgn

    kckndrgn Moderator Moderator Founding Member

    Sweet, but I wonder if the governor will veto this out of spite because the house and senate overrode his veto on the "guns in restaurants" bill?

    Who makes a suppressor in the state of TN?
     
  4. dragonfly

    dragonfly Monkey+++

    Yeah, well don't be puttin' all yer eggs in one basket!
    RE:
    According to the MSM tonight, the laws passed on the state levels are virtually only so much wind.....
    It seems that the current administration "jerks" have already been ahead of the game this time, no longer playing "catch-up".
    The FEDS can "over-ride" the "laws/bills/state constitutions" and those manufactured in (whatever state), can still be regulated, or confiscated t as well.
    Not good!
    So, that takes care of that.
    "THEY" have the ability to, mandate, or allow ONLY that which "THEY" want.
    The idea was a great concept, but won't hold water...Like a screendoor on a submarine!
    Damned shame too!
     
  5. Seacowboys

    Seacowboys Senior Member Founding Member

    That is just what the MSM wants us to believe but that doesn't make it so. As for so much wind; damn right, like Katrina. The feds cannot override a law such as that and the point of passing it is to remind them of that and that the next step will be the hurricane.
     
  6. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    'Bout right. If I understand all I know, the feds gain the over-ride capability by attaching strings to handouts. (Read that as pork projects.) In other words, the state has to deliberately allow the federal over-rule to get money. Once again, a bribe to give up a freedom. I'm not mentioning that the state has to be too lazy to do it themselves and taking the easy way out for the "common good."

    So you hate state taxes? So why do you send your money to the feds so they can dribble it back to you after wetting the federal beak? Why not pay it to the state instead, that way it only gets one beak wet? (You can see where that would go.) [booze]
     
  7. The Expendable

    The Expendable Bread and Circus Master

    Most of the state sovereignty bills I have read address the issue of unfunded mandates and strings attached to federal money. If the feds pushed the issue, would we see an attempted secession? I'm pretty sure I know what the result would be. We've been there before, and the POTUS at the time went back on his previous statement that states have the right to withdraw from the Union.

    As of today, I think there are 22 states drafting or voting on sovereignty bills.
     
  8. dragonfly

    dragonfly Monkey+++

    "IF", the case remains that each individual state can write these bills and get them passed thru, I'll be more than glad to see it take place.
    The way things have been going recently in OUR country, it scares me....
    It seems the ONLY way for the 2nd amendment to remain in place, is IF each state addresses the issue and takes the current government to hand.
    Otherwise, I feel somone will be coming to my door and have a list of what I can no longer legally own. (food, ammo, etc.)
     
  9. The Expendable

    The Expendable Bread and Circus Master

    I wrote a letter to my state representative asking if Florida had any such bill in the works. That was at the end of March, and I still have not received a response. Why should I be surprised? I guess I can give her the benefit of the doubt... I sent the letter to her local office. Maybe she was in Tallahassee at the time and never got the letter (although she should have gotten it by now). Maybe I'll send another one.
     
  10. Seacowboys

    Seacowboys Senior Member Founding Member

    States that are waiting for that "Stimulus" money are tying all the strings around their collective necks and have no interest in jeapordizing the influx of those invisible dollars.
     
  11. The Expendable

    The Expendable Bread and Circus Master

    The thing is, if a state does not accept any stimulus money (fat chance), their citizens still will have to pay for it. I wonder if any of those sovereignty bills address that issue?
     
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