ATF Discards Second and Tenth Amendments

As Tennessee and Montana have recently learned, the Second and Tenth Amendments are trumped by the whims of ATF bureauweenies. From an ATF open letter to all Tennessee federal firearms licensees:

The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (“Act”), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

Montana received a very similar letter:

The passage of the Montana Firearms Freedom Act, Montana House Bill 246 (“Act”), effective October 1, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

The Second Amendment to the US Constitution:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The ATF is under the control of the Justice Department, which in turn is run by the pro-terrorist Eric Holder. How would Holder reconcile the letters and amendments above? He doesn’t have to, because he regards us as a nation of cowards.

On a tip from Bubba. Cross-posted at Moonbattery.

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