Monday, June 15, 2009

Tennessee Firearms Freedom Act

Tennessee has followed Montana's lead and passed HB 1796/SB 1610. The new law states:

[F]ederal 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. This bill 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.
Unfortunately for Tennessee, their Governor does not back the bill. Governor Bresden -- who it turns out is a carpetbagger from New Jersey with a Harvard ecucation -- believes that the law is unconstitutional:

This bill is not about firearms. It is about a fringe constitutional theory that I believe will be quickly dispensed with by the federal courts.

The Tennessee General Assembly lacks the Constitutional authority to limit the power and authority of federal government in this way…

Now, I don't disagree with him that the fed will try to -- and probably succeed in -- squashing this law. But that's not the point. The point is that Tennessee's law, like Montana's, is absolutely constitutional and is, technically, unnecessary given the Tenth Amendment and the Commerce Clause.

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