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.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?
Except they are fighting this by saying the raw materials crossed state lines, so therefore the commerce clause applies. Always. Full stop.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.
**** this ****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.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.
They'll file suit maliciously knowing they cant win, with their only goal to bankrupt you in the process.Even in your scenario they will use that against you. It is the Fed gets to do whatever they want clause.
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.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.
Yep. The item/product doesn't have to move in interstate commerce, just "effect" it.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.
Wickard v. Filburn - Wikipedia
en.wikipedia.org
Respect My Author-a-tie…
FtfyYep. The item/product doesn't have to move in interstate commerce, just "affect" it.
And if that doesn't work, there is always the old "general welfare" to fall back on.
Thank you.Ftfy
Is your asterisk button broke? This was the perfect place for them.Scum of the scum
He has been trying really hard to turn over a new leaf.Is your asterisk button broke? This was the perfect place for them.