Author Topic: SBRs in Tennessee (Read 1559 times)

Ben · « **on:** April 30, 2022, 12:43:02 PM »

If I heard this right, TN looks ready to pass a bill that will allow in-state ownership of SBRs without a fed tax stamp. I know these are not ideal, since you can't travel out of state with your non-stamped SBR (and I assume silencers as well), but I sure wouldn't mind having such a state law in my state.

We just went through redistricting, so I'm getting all new reps this May, but after the elections, I'm going to write all three of them asking about this.

https://youtu.be/Spqw29dW3Js

RoadKingLarry · « **Reply #1 on:** April 30, 2022, 12:58:43 PM »

When the Feds come to Waco your house are the state troopers gonna defend you?

MechAg94 · « **Reply #2 on:** April 30, 2022, 01:16:56 PM »

It would help if part of the law was to make it illegal for state or local LEO's to report SBR's to the Feds.

Hawkmoon · « **Reply #3 on:** April 30, 2022, 01:33:14 PM »

Will someone please explain to me how a state law can override federal law? He mentioned suppressors along with short barreled rifles and shotguns. All are NFA items, and the federal law is going to apply irrespective of that the Tennessee legislature does. I see laws like this as nothing more than a trap for the unwary. People may think they're now "good to go," but they're still in violation of federal law and the potential consequences of that are rather serious.

Jim147 · « **Reply #4 on:** April 30, 2022, 01:59:57 PM »

It's been done for years. Immagration, weed.....

Hawkmoon · « **Reply #5 on:** April 30, 2022, 02:48:21 PM »

Quote from: Jim147 on April 30, 2022, 01:59:57 PM

It's been done for years. Immagration, weed.....

Yes, and it "works" only as long as the feds are willing to look the other way. With an anti-gun administration in Washington that's poised to appoint an anti-gun director for the BATFE and 364 pages of new regulations aimed at "ghost guns," suppressors, and AR-pattern short-barreled rifles masquerading as pistols, IMHO it would be extremely foolish for anyone in Tennessee to make use of this law (if it gets signed).

Jim147 · « **Reply #6 on:** April 30, 2022, 03:03:22 PM »

A place just southeast of me passed something that did away with all the NFA crap. I don't think it's been tested in court yet. I'll have to get ahold of my friend that lives there and see if I can find more information.

230RN · « **Reply #7 on:** April 30, 2022, 03:13:47 PM »

Didn't we have a discussion about similar questions more than a century and a half ago?

I believe the Centrists won that one on superior debating points.

HankB · « **Reply #8 on:** April 30, 2022, 05:36:38 PM »

The Feds have been able to meddle in intra-state issues with impunity ever since that travesty of a SCOTUS ruling, Wickard vs. Filburn. Basically, it said that by NOT participating in inter-state commerce, a person was affecting interstate commerce, and was thus participating in interstate commerce by not participating in interstate commerce, which made them subject to Federal laws & regulations under the Interstate Commerce clause.

Yes, large swaths of our government ARE insane. But nonetheless, they have to power to impose their insanity on everyone.

Hawkmoon · « **Reply #9 on:** April 30, 2022, 06:13:06 PM »

Quote from: HankB on April 30, 2022, 05:36:38 PM

The Feds have been able to meddle in intra-state issues with impunity ever since that travesty of a SCOTUS ruling, Wickard vs. Filburn. Basically, it said that by NOT participating in inter-state commerce, a person was affecting interstate commerce, and was thus participating in interstate commerce not participating in interstate commerce, which made them subject to Federal laws & regulations under the Interstate Commerce clause.

You are correct, that was the essence of the ruling, and IMHO it is absolutely contrary to the express intent of the Constitution. Nonetheless, unless and until the Supreme Court overturns it, that's the law. And that's why I so dislike these idiotic (IMHO) state laws that have no teeth, and which will almost certainly put those state's citizens who are dumb enough to think they're safe into legal peril.

Nick1911 · « **Reply #10 on:** April 30, 2022, 11:25:30 PM »

Psssh, lightweights. My state nulls out the whole NFA for equipment manufactured, owned and used entirely within state lines.

But, as stated, that doesn't stop the feds from doing their thing anyway.

Fly320s · « **Reply #11 on:** May 01, 2022, 06:51:03 AM »

Quote from: Hawkmoon on April 30, 2022, 02:48:21 PM

Yes, and it "works" only as long as the feds are willing to look the other way. With an anti-gun administration in Washington that's poised to appoint an anti-gun director for the BATFE and 364 pages of new regulations aimed at "ghost guns," suppressors, and AR-pattern short-barreled rifles masquerading as pistols, IMHO it would be extremely foolish for anyone in Tennessee to make use of this law (if it gets signed).

We can wait for the feds to act to change/remove the NFA, or we can start pushing back now.

Ben · « **Reply #12 on:** May 01, 2022, 08:26:17 AM »

Quote from: Fly320s on May 01, 2022, 06:51:03 AM

We can wait for the feds to act to change/remove the NFA, or we can start pushing back now.

Yup. It's only because state after state passed marijuana legalization that we had this recently happen:

https://www.nbcnews.com/politics/congress/house-vote-bill-legalize-marijuana-rcna22527

230RN · « **Reply #13 on:** May 01, 2022, 09:17:03 AM »

Quote from: Fly320s on May 01, 2022, 06:51:03 AM

We can wait for the feds to act to change/remove the NFA, or we can start pushing back now.

Huzzah, hooray, and hear, hear !

And that "regulate interstate commerce" crap began long before the Wickard vs. Filburn stupidity.

Between that and the notorious Kelo eminent domain case, I wonder if the "Justices" of the Supreme Court ought to be called the "Injustices" of the Supreme Court, since they seem to side with the government (or avoid deciding for the people) so often.

That system is so abgefukt anyhow, starting with the premise that to challenge a law, basically, you have to be found guilty of violating it in the first place. Abfuken that scheiss.

Terry, 230RN

REF:
https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London

Hawkmoon · « **Reply #14 on:** May 01, 2022, 03:41:02 PM »

Quote from: Fly320s on May 01, 2022, 06:51:03 AM

We can wait for the feds to act to change/remove the NFA, or we can start pushing back now.

Enacting state laws that DON'T in any way negate the federal law is not, IMHO, "pushing back." It just puts people in legal danger. Pushing back is like Heller and McDonald -- finding test cases and exemplary plaintiffs (with standing) to challenge the laws in court and then appealing all the way up to the SCOTUS until the offending law(s) is/are overturned.

dogmush · « **Reply #15 on:** May 01, 2022, 05:29:13 PM »

As was mentioned upthread state laws that don't negate federal law have done wonders for the canibus folks.

Perhaps both approaches have value.

Fly320s · « **Reply #16 on:** May 01, 2022, 08:44:14 PM »

Quote from: Hawkmoon on May 01, 2022, 03:41:02 PM

Enacting state laws that DON'T in any way negate the federal law is not, IMHO, "pushing back." It just puts people in legal danger. Pushing back is like Heller and McDonald -- finding test cases and exemplary plaintiffs (with standing) to challenge the laws in court and then appealing all the way up to the SCOTUS until the offending law(s) is/are overturned.

Q: How does a person become a test case for SCOTUS?

A: Breaking the law and getting his day in court.

MechAg94 · « **Reply #17 on:** May 01, 2022, 09:12:02 PM »

Quote from: Hawkmoon on May 01, 2022, 03:41:02 PM

Enacting state laws that DON'T in any way negate the federal law is not, IMHO, "pushing back." It just puts people in legal danger. Pushing back is like Heller and McDonald -- finding test cases and exemplary plaintiffs (with standing) to challenge the laws in court and then appealing all the way up to the SCOTUS until the offending law(s) is/are overturned.

Keep up with the 2nd Amendment Foundation. There are cases every year they try to appeal to the SC, but most do not get taken up. I think they did hear one that we might get a decision on this summer.

IMO, depending on federal judges to make a good decision is defensive mostly. Decisions like Heller and McDonald are rare. All we got when anti-gunners are in the White House and control the House.

Hawkmoon · « **Reply #18 on:** May 01, 2022, 09:21:42 PM »

Quote from: Fly320s on May 01, 2022, 08:44:14 PM

Q: How does a person become a test case for SCOTUS?

A: Breaking the law and getting his day in court.

Neither Dick Heller nor Otis McDonald broke the law. They sued on the grounds that the law as applied prevented them from enjoying a constitutionally guaranteed right.

230RN · « **Reply #19 on:** May 02, 2022, 12:09:16 PM »

dogmush · « **Reply #20 on:** May 02, 2022, 02:30:06 PM »

Quote from: Hawkmoon on May 01, 2022, 09:21:42 PM

Neither Dick Heller nor Otis McDonald broke the law. They sued on the grounds that the law as applied prevented them from enjoying a constitutionally guaranteed right.

And how's buying a pistol in the District going these days?

RocketMan · « **Reply #21 on:** May 03, 2022, 11:25:51 AM »

I see the headline for this thread and for some reason it reads "SRBs in Tennessee" in my head. My first thought is why are there solid rocket boosters in Tennessee?

Fly320s · « **Reply #22 on:** May 03, 2022, 12:24:37 PM »

BRS? Ballistic Recovery System for Tennessee?

230RN · « **Reply #23 on:** May 03, 2022, 01:26:18 PM »

Quote from: RocketMan on May 03, 2022, 11:25:51 AM

I see the headline for this thread and for some reason it reads "SRBs in Tennessee" in my head. My first thought is why are there solid rocket boosters in Tennessee?

"BRS? Ballistic Recovery System for Tennessee?"
Brain Retardation Syndrome ?

News:

Author Topic: SBRs in Tennessee (Read 1559 times)