My thoughts concerning the ATF.

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  • fullmetaljesus

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    Now I'm no constitutional scholar.

    I don't recall seeing a provision for the ATF in the Constitution.

    Could the states "opt out" of the "authority" and rules of the ATF?
     

    gassprint1

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    Now I'm no constitutional scholar.

    I don't recall seeing a provision for the ATF in the Constitution.

    Could the states "opt out" of the "authority" and rules of the ATF?
    My thoughts, which someone always tries to educate me on something i already know are:: ATF, FBI ect are FEDERAL agencies, so if you have or do something within your state and your state doesn't have a type of law for what the federal government deems illegal...then as long as you don't cross into another state, well..then the federal government has no business messing with you. Example would be like back in the day with John Dillinger. He robbed banks and such and the feds didn't get involved until he crossed the state line presumably in a stolen car., otherwise it was a state problem according to the fbi. Too bad it isn't this way or we'd all be with suppressors and such goodies. Remember, this is Texas' argument for in state made tool.
     

    Cameramonkey

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    My thoughts, which someone always tries to educate me on something i already know are:: ATF, FBI ect are FEDERAL agencies, so if you have or do something within your state and your state doesn't have a type of law for what the federal government deems illegal...then as long as you don't cross into another state, well..then the federal government has no business messing with you. Example would be like back in the day with John Dillinger. He robbed banks and such and the feds didn't get involved until he crossed the state line presumably in a stolen car., otherwise it was a state problem according to the fbi. Too bad it isn't this way or we'd all be with suppressors and such goodies. Remember, this is Texas' argument for in state made tool.
    Except they are fighting this by saying the raw materials crossed state lines, so therefore the commerce clause applies. Always. Full stop.

    So unless you mine the metal, refine the metal, and machine the metal in state, (the same with any other materials like welding rods and paint) They'll still claim interstate commerce applies and string you up.
     

    fullmetaljesus

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    Except they are fighting this by saying the raw materials crossed state lines, so therefore the commerce clause applies. Always. Full stop.

    So unless you mine the metal, refine the metal, and machine the metal in state, (the same with any other materials like welding rods and paint) They'll still claim interstate commerce applies and string you up.
    **** this ****
     

    KLB

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    Except they are fighting this by saying the raw materials crossed state lines, so therefore the commerce clause applies. Always. Full stop.

    So unless you mine the metal, refine the metal, and machine the metal in state, (the same with any other materials like welding rods and paint) They'll still claim interstate commerce applies and string you up.
    Even in your scenario they will use that against you. It is the Fed gets to do whatever they want clause.
     

    Ingomike

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    So unless you mine the metal, refine the metal, and machine the metal in state, (the same with any other materials like welding rods and paint) They'll still claim interstate commerce applies and string you up.
    Actually that will not work either. In Wickard v. Filburn the court ruled just raising wheat was engaging in IC because the act of raising it meant they didn’t buy it on the open market.

     

    Timjoebillybob

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    Actually that will not work either. In Wickard v. Filburn the court ruled just raising wheat was engaging in IC because the act of raising it meant they didn’t buy it on the open market.

    Yep. The item/product doesn't have to move in interstate commerce, just "effect" it.

    And if that doesn't work, there is always the old "general welfare" to fall back on.
     

    jwamplerusa

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    The ATF is unconstutioal scum. If such a government entity is to exist, it should be a convenience store, not an infringing organ of the federal government. It should be the place where those without other means can go to obtain a suitable arm and powder and ball to meet their militia responsibilities.

    The commerce clause needs to be returned to it's original context.

    "No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of anothet nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties, in another."

    Outside of those acts, the commerce clause does not apply.
     

    Leadeye

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    The agency has changed a lot over the years from when they regulated tobacco farming and busted stills in Appalachia. Things that the treasury department saw as it's responsibility. The 34 Firearms and GCA of 68 really moved them into the firearms business.

    At one point in their history they were even in charge of regulating butter.
     
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