Who Is The ‘Tea Party’ Candidate For Governor?
If you’d think that the self-appointed leader of tea partiers in Nashville wouldn’t want to predict the preferences of a large, diverse and centralized movement, you be wrong:
“We plan to be very involved in the governor’s race,” says Phillips, adding that they’ll be using the group’s Internet presence as well as its media-friendly rallies to help get out the conservative vote. “I’m not sure that we will be making any formal endorsements, but I think you’ll see that our group will probably gravitate toward a particular candidate.”
He’s not sure who that candidate will be quite yet, though he has a feeling it will be Ramsey, who recently has joined in two Tea Party-approved efforts: the state sovereignty movement and the Tennessee Firearms Freedom movement. Both are based on legislation passed by the State General Assembly this session. Both seek to limit federal power in the state.
“I think he got a lot of capital with conservatives for that,” says Phillips, who has also seen significant support for Gibbons (though Phillips is not sure about his position on gun rights) and Wamp (who, Phillips believes, is being insincere in his appeals to conservatives) among members of the far-right.
“What I’m hearing is that Bill Haslam is considered to be a Republican in Name Only, a RiNO,” Phillips says, citing his involvement with the Bloomberg group (and subsequent “flip-flop”) and his political connection to Alexander (along with whom Haslam just got behind State House Speaker Kent Williams’ bid to rejoin the Tennessee GOP after being ousted for conspiring with House Democrats).
Conservative Catfight
In case you weren’t aware, despite their ideological similarities, Wilson County legislators Mae Beavers and Susan Lynn don’t get along. Here’s Mae on the twittertubes suggesting that real conservative drop the zero and get with the hero.
Kentucky Joins Firearms Freedom Movement
From 10th Amendment Center:
Enough is enough,” urged Tennessee State Senator 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.”
Another State Pursues Firearm Freedom
According to a report published on the Tenth Amendment Center’s web site, “Introduced in the Ohio House on October 16, 2009, the ‘Firearms Freedom Act’ (HB-315) seeks ‘To enact section 2923.26 of the Revised Code to provide that ammunition, firearms, and firearm accessories that are manufactured and remain in Ohio are not subject to federal laws and regulations derived under Congress’ authority to regulate interstate commerce and to require the words “Made in Ohio” be stamped on a central metallic part of any firearm manufactured and sold in Ohio.’”
More on the Tennessee Firearms Freedom Act here.
permalink | Comment on this post
Ramsey Has Joined Effort To Tell The Fedgov To Go Fly A Kite
From a presser:
Tennessee Lt. Governor Ron Ramsey has joined efforts to uphold the Firearms Freedom Act, which was overwhelmingly approved by the General Assembly this year. Lt. Governor Ramsey is supplying a letter in support of the plaintiffs in a lawsuit filed on almost identical legislation in Montana to validate the principles and terms of the Act. The lawsuit was filed after federal officials claimed that both the Tennessee and Montana Firearms Freedom Acts were null and void.
“Tennesseans are tired of continued encroachment of the federal government on state’s rights,” said Lt. Gov. Ramsey. “That encroachment is escalating at an alarming rate. This legislation was overwhelmingly approved in the Tennessee Senate and House. It is within our constitutional rights and should be observed by federal officials.”
The Firearms Freedom Act declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. It is based on the Tenth Amendment to the U.S. Constitution which provides that powers not granted to the national government nor prohibited to the states are reserved to the states or the people. The law asserts that if a firearm or ammunition is made totally within the state of Tennessee, and stamped “Made in Tennessee,” then the federal government has no jurisdiction over that item as long as it remains in-state and outside of interstate commerce.
The bill was approved 22 to 7 in the State Senate and 87 to 1 in the House of Representatives. Lt. Governor was a sponsor of the measure.
“The framers of the Constitution would be horrified at how some have interpreted their masterpiece, which has guided this nation and kept it safe for over 230 years,” Ramsey continued. “States cannot continue to sit by and let such misuse of federal power go unchallenged. That is why I have acted to support the plaintiffs in Montana, which is the obvious vehicle to get this issue before the courts.”
Sen. Beavers Pushes Back Against Feds On State Firearms Act
From a press release:
Senator Mae Beavers recently supplied a letter describing the Tennessee Firearms Freedom Act passed earlier this year to the lead plaintiffs in a suit filed against the federal government, who in September claimed that both the Tennessee and Montana Firearms Freedom Acts were null and void. In the letter, Senator Beavers discussed the overwhelming support for this bill amongst the Tennessee General Assembly, with a total of only eight Senators and Representatives voting against the bill during session.
“In all my years as a legislator, I have never witnessed such staunch reproach of the federal government overstepping its constitutional authority and encroaching on my state’s ability to govern itself,” said Beavers. “Tennesseans and Americans are fed up, and I am proud to have passed an actual bill that directly challenges the federal government’s overregulation of intra-state matters. Enough resolutions have been filed…its time for the Supreme Court to re-address this issue and what better place to do it than with the 10th Amendment legislation that has recently been passed in Montana and Tennessee.”
The Tennessee General Assembly passed the Tennessee Firearms Freedom Act and it became law in late June. The law asserts that if a firearm and/or ammunition is made totally within the state of Tennessee, and stamped “Made in Tennessee,” then the federal government has no jurisdiction over that item in any fashion so long as it remains in state and outside of interstate commerce. All state regulations applying to the possession of firearms in Tennessee would still be applicable and must be complied with. This legislation was proposed to prevent a federal attempt to legislate beyond the Constitutional limits of Congress.
The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties. Unfortunately, some courts’ interpretation of Congress’ power implied by the commerce clause has been misconstrued to suggest its unlimited application to state regulation.
In addition to its passage in Montana, this law will be considered by at least thirty other states in upcoming legislative sessions. A link to the suit filed against the federal government by Montana organizations and citizens, as well as other information on the Firearms Freedom Act can be found at www.firearmsfreedomact.com.
Court Case May Impact Tennessee Firearms Freedom Act
From the In Session:
CBS News reports that a suit has been filed in Montana seeking to do away with federal gun regulations when firearms are bought and sold in-state — a case that could have a direct impact on gun laws in Tennessee.
The suit comes after Montana lawmakers passed a law based on the idea that the federal government can’t regulate in-state transactions. According to this line of thinking, that means firearms makers, sellers and buyers wouldn’t have to abide by federal rules, such as those that restrict the type of weapon or require background checks, as long as the gun never crosses state lines. In those cases, the Constitution’s Tenth Amendment — the states’ rights amendment — would take precedence.
The Meaningless Of The Tennessee Firearms Freedom
A follow up on the declaration by the ATF that firearms native to Tennessee can’t be exempt from federal regulations.
The law, one of the main conservative achievements of this year’s legislative session, purports to bar federal regulation of made-in-Tennessee firearms and ammunition. One sponsor, Sen. Mae Beavers, R-Mount Juliet, appeared on the Glenn Beck show during the session to celebrate the law’s passage.
“You know, it’s like the federal government needs to keep their hands off,” Beavers declared.
But in a letter to the state’s roughly 1,000 federal firearms licensees, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said “because the Act conflicts with federal firearms laws and regulations, federal law supersedes the Act” and all provisions of federal law and regulations “continue to apply.” That means, in part, that firearms dealers must continue to conduct criminal background checks of gun purchasers.
“Essentially, ATF is saying to the state of Tennessee that the 10th Amendment no longer exists,” the Tennessee Firearms Association states on its website. “We expected such from a tyranny that no longer lives within the bounds of its express authority.”
The Tennessee Firearms Freedom Act
Zach Wamp says the ATF shouldn’t have declared the act null and void — but Say Uncle insists it is not something for the gun rights community need get in a scrape over,
ATF Declares Tennessee Firearms Freedom Act Null And Void
Assistant Director of Programs and Enforcement Services Carson Carroll pens a letter to a local firearms dealer asserting that the Tennessee Firearms Freedom Act, which exempts from federal regulations firearms which are manufactured in the state and do not leave its borders, has no force in law.
Matt Collins is not pleased. Read the entire letter here.
Freedom Everywhere
Jason Mumpower makes the important point that the new guns in bars not only gave carry permit holders the right to carry in restaurants serving alcohol, it also gave property owners the right to refuse:
Even though he defends the law, Mumpower said he’s not bothered that business owners like Manning are choosing to keep people with guns out.
“What we wanted to do was give private property owners the right to choose [whether to let people carry guns] at their establishment,” Mumpower said. If the legislature did not respect the rights of private property owners, he said, it would have forced business owners to let handgun carry permit holders bring guns inside their establishment.
permalink | Comment on this post
A Republican Salute To Jimmy Naifeh
Undcle Say explains the ferocity of the pro-gun push this legislative session:
I think quite a bit of the pro-gun laws (from the good ones to the silly and pointless Firearms Freedom Act) were largely a snub at the former Democrat power structure in general. And specifically to Jimmy Naifeh, who used to kill the restaurant bill every year with procedural maneuvers. I think it’s a way to, politically, let them know who’s boss now. And law-abiding gun owners benefit.
permalink | Comment on this post
Why The Tennessee Firearms Act Will Be Found Unconstitutional
Law student Ilissa Gold explains why a bill the governor let become law is unconstitutional. And then says this:
This bill is a direct challenge to the Commerce Clause, but it presents the exact same issue as Raich. And it will be found unconstitutional on the same grounds.
But if not, Republican-controlled General Assembly, do you think you could legalize medical marijuana while you’re at it? Or do you only support “states rights” when it’s convenient to do so?
I’m down with that.
More Gun Bills
In addition to guns-in-parks and the Tennessee Firearms Freedom Act, Bredesen also dealt with these bills today:
The governor also signed legislation that forbids handgun safety course instructors from requiring a Social Security number to take training and a bill clarifying that you don’t need a carry permit to keep your shotgun or rifle and ammunition in the same part of your vehicle.
permalink | Comment on this post
Tennessee Firearms Freedom Act To Pass Without Signature
Governor Phil Bredesen will not stand in the way of House Bill 1796. He will allow it to pass without his signature.
Bredesen, in a letter to Speaker Kent Williams, states that the bill which says that federal laws do not apply to firearms, accessories, or ammunition that is manufactured in Tennessee, will likely be found to be 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…
…While I share the General Assembly’s commitment to federalism, this legislation contravenes our Constitution. I am allowing it to become law so that it can quickly be dealt with by the federal courts.”
Excuse me? What exactly is our governor saying here? I believe in federalism — except when the states really try to take real power back? I believe in federalism — but not for things like this?
What is unconstitutional about this? If a gun is made here and kept here what the heck business of the federal government is it? If Tennessee wants to make its own laws on firearms why is that bad and how is it unconstitutional?
Bredesen says he believes in federalism but then calls the legislation “based on a fringe constitutional theory.”
What theory would that be other than federalism? This bill doesn’t contravene the Constitution, it contravenes the modern interpretation of it. If you believe in federalism it should be a principle you abide whether the modern court agrees or not.
And if Bredesen does believe the bill is unconstitutional, why not veto it? It’ll become law either way, given our weak gubernatorial veto. The governor took an oath to the constitution, right? How is letting something pass he believes to be unconstitutional in keeping with that oath.
It would be one thing if he wasn’t sure and he wanted to dispatch it to the courts without prejudice. But there seems to be prejudice here.
If he feels the way he obviously does, he should have vetoed it. Otherwise he should have let it pass without comment.
If he doesn’t have enough fortitude to stand up to a “fringe constitutional theory” why do we need to hear about it?
Beavers To Beck
From a Blake Wylie tweet:
Sen. Mae Beavers to be guest on Glenn Beck show - June 5, 2009, regarding TN Firearms Freedom Act which has passed in TN.
Tennessee Firearms Freedom Act Passes Senate
From a press release:
The State Senate approved legislation today that seeks to combat the destruction of the 10th Amendment of the Constitution by the Federal government in their attempt to infringe upon states’ rights. Senate Bill 1610, known as the “Tennessee Firearms Freedom Act,” sponsored by Senator Beavers, takes a step in the right direction to restore to the states control of intra-state commerce and the regulation of firearms manufactured and sold within 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.”
The Tennessee Firearms Freedom Act asserts that if a firearm and/or ammunition is made totally within the state of Tennessee, and stamped “Made in Tennessee”, then the federal government has no jurisdiction over that item in any fashion so long as it remains in state and outside of interstate commerce. All state regulations applying to the possession of firearms in Tennessee would still be applicable and must be complied with. This legislation is being proposed to prevent a federal attempt to legislate beyond the Constitutional limits of Congress.
The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties. Unfortunately, some courts’ interpretation of Congress’ power implied by the commerce clause has been misconstrued to suggest it’s unlimited application to state regulation. An effort by the federal government to regulate intrastate commerce under the guise of powers implied by the interstate commerce clause could only result in an encroachment of the state’s power to regulate commerce within its borders. This bill is similar to one signed into law in Montana, and is currently pending passage in at least 30 other states.
The State House of Representatives passed the companion bill (HB 1796 by Ben West and Henry Fincher) last week and the bill will now head to the governor’s office where he will have to choose whether to side with the 87 Representatives and 21 Senators who voted in favor of the bill.
SEE ALSO:
WPLN
The New Day For Gun Legislation
David Oatney explains what it means that the legislature passed a bill that allows one to enter an establishment that serves alcohol armed to the teeth:
Jimmy Naifeh also voted no, but the passage of this bill truly signals a new day in Tennessee politics, because similar legislation had been stopped from coming to the House floor in the past merely because Naifeh didn’t want it there. Now we know why he used every parliamentary tactic that he could to keep gun legislation from the House floor while he was Speaker-because if he had allowed the whole House to vote on serious firearms freedom legislation, it would have passed.
Recent Comments
There are parts of China I would very much like to visit. If this ever...
Matt Hurtt’s claims are ridiculous. Palin serving as governor for a couple of years...
I am happy that common sense as well as the rule of law has won the day....
To thine own self be true.
I think its quite interesting that what matthew sees as ruin, the majority of...
It may very well be that the Left is scared of Palin. My very Democratic grandparents...
I imagine that anti-2nd Amendment, pro-choice and pro-income tax candidates do...
That is a great legislative move by the well respected...
Hurrt: What rule did Matt break? Carter: What would Matt apologize for? He’s never...
The rumor is Beaman is actually supporting Haslam b/c they are related by marriage. No...