ATF: All Your Amendment are Belong to Us
24. Sep, 2009 Written by:
Michael Boldin
As far as the ATF is concerned, the words in the Constitution don’t mean what the Founders said they mean. They mean what the 9 unelected judges on the Supreme Court say they mean. Well, until they change their mind, that is.
This year, Montana and Tennessee passed the “Firearms Freedom Act” – which under state law exempts firearms, parts and ammunition from federal regulation under the “interstate commerce clause” as long as they’re made in state, and sold in state. That is, as long as they never enter interstate commerce.
The ATF sent a stern letter to all license holders in both states this year – stating their position that the state law is invalid. Yesterday, a report in the Memphis Commercial Appeal gives us a little more insight into the ATF’s position:
But ATF Nashville Special Agent-in-Charge James M. Cavanaugh said several U.S. Supreme Court rulings have upheld the federal gun laws. “The Constitution says the Supreme Court interprets the law. The ATF hasn’t ruled this, the Supreme Court has, and we’re a law enforcement agency.”
But wait, there’s more.
“It’s analogous to a speed limit. If the speed limit on the interstate is set at 70, a city along the interstate can’t come along and say there is no speed limit on the interstate through our city. The highway patrol could still enforce the speed limit,” he said.
Seems to me that this ATF thug thinks that state and federal government have the same relationship as city and state government. Or, maybe he thinks of states as just big counties – and he’s part of the nationwide law enforcement. Either way, they certainly don’t believe that the 10th Amendment reserves powers “to the States respectively, or to the People.”
My big question is this – I wonder, does the ATF swear an oath to the Constitution, or to the Supreme Court? And more importantly, who in this country is sovereign – we the People, or the Court?
If it’s the latter, we might as well call them the American Mullahs – an unelected dictatorship.
Michael Boldin is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA.
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According to 5 U.S.C. §3331 they owe their allegiance to the Constitution. Let’s just hope they remember that when it comes down to it.
Jake
Someone needs to point out to the ATF employee in question that an interstate highway by definition is interstate and therefore subject to federal regulation.
And that the states even then are granted leeway in setting speed limits. Remember when Montana didn’t have one during the daylight hours?
Keep an ear out of Oregon. I’ve heard through a few of my Myspace friends they may do the same as well.
Well good luck to them.
Who pays the piper calls the tune. As I understand it, anyone receiving federal funds comes under their jurisdiction. The States shot themselves in the foot when they received money from the federal government, for highways, education, etc. as they automatically come under its purview.
The gun laws are sure getting crazy. Im glad I got my FFL a few years ago. I bet soon you wont be able to get one at all.
We are probably going to have to figure out a way to threaten the ATF agents themselves with arrest such they try to violate such a law, and actually carry thou when we are ready to play the Constitutional liberty victim card with a solid unwavering stand.
One of us who is most prepared to wage this argument will need to make the said State aware of such arguments and so on so that they can present it in their defense actively and dynamically.
It is vital that we win the public debate argument, or we will be looking at a much more dire situation.. Ultimately of course it does not matter what people out side of the State think, as our rights are not theirs to usurp. We must protect ourselves first and foremost.