Saturday, January 19, 2013

Rep. Jeremy Faison's sensible anti-federal gun control bill

While Rep. Joe Carr has sponsored an anti-federal gun control bill that is clearly unconstitutional, violating the supremacy clause of the constitution and requiring  local deputies to arrest Federal marshals who are enforcing Federal law, Rep. Jeremy Faison has introduced a sensible anti-federal gun control bill that says that no state funds, property or  personnel can be used to enforce a federal gun law. 

There is a big difference between saying we will make it illegal to enforce federal law in Tennessee and saying we will not enforce federal law for the federal government. Actively obstructing a Federal agent from enforcing Federal law is much different than standing on the sidelines and not assisting Federal agents in enforcing Federal law.

It is worth noting that in the Senate, a co-sponsor of this sensible bill is Senator Jim Tracy. Senator Tracy and Representative Joe Carr are both candidates seeking to challenge Rep. Scott DesJarlais in the Republican primary for his seat in the US Congress. Based on this issue, I know who I would prefer in the US Congress.

This is a good bill and I support it. Below is the text of the bill.
SENATE BILL 40
 by Niceley
HOUSE BILL 10
By Faison

AN ACT to amend Tennessee Code Annotated, Title 38;
Title 39 and Title 40, relative to firearms.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 38, Chapter 3, Part 1, is amended by adding the following language as a new, appropriately designated section: 38-3-124.

(a) On or after the effective date of this act, no public funds of this state or any
political subdivision of this state shall be allocated to the implementation, regulation or enforcement of any federal law, executive order, rule or regulation that becomes effective on or after January 1, 2013, that adversely affects a United States citizen's ability to lawfully possess or carry firearms in this state.

(b) On or after the effective date of this act, no personnel or property of this state
or any political subdivision of this state shall be allocated to the implementation,
regulation or enforcement of any federal law, executive order, rule or regulation that becomes effective on or after January 1, 2013, that adversely affects a United States citizen's ability to lawfully possess or carry firearms in this state unless federal funding for such implementation, regulation or enforcement is provided to the state or political subdivision.

(c) For purposes of this section, "firearm" has the same meaning as defined in §39-11-106.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.

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