What Were You Expecting?

Reports from around the gun blogosphere about the ATF’s response to the Tennessee Firearms Freedom Act have been filing in.  Now, as a symbolic middle finger to Congress, I support these kinds of bills.  But what were we expecting ATF to do?  Their response was entirely predictable, and is well within the legal framework that ATF operates in.  Like it or not, the current Commerce Clause jurisprudence allows the federal government to regulate the sale and transfer of firearms as part of a national regulatory scheme (see Gonzalez v. Raich).

There are many examples of ATF abuse of discretion out there, but this is not among them.  If we really want to limit federal power, we ought to concentrate more on Randy Barnett’s federalism amendment, and not merely just pass symbolic acts that have no real force of law behind them.

One thought on “What Were You Expecting?”

  1. I don’t think it was really intended for FFLs anyways. They enter into a voluntary contract with the feds and are bound by those rules until they give up their license. I think the interesting part is going to be when someone starts manufacturing without getting a FFL. Then we will see if TN has the stamina to take the case to the SC.

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