There is a growing movement on the part of states to override federal laws and regulations under the 10th Amendment of the Constitution, which reserves powers not delegated to the federal government to the states. So far, the battle lines have been drawn at Real ID, medical marijuana and firearms, but federally mandated health insurance may not be far behind. State sovereignty resolutions were introduced in 37 states this year; seven passed. Although the resolutions are not legally binding, Tenth Amendment Center founder Michael Boldin says they “serve notice” that states will no longer automatically enforce federal mandates in areas they believe the central government has no constitutional authority.
Montana’s first-in-the-nation law reasserting state authority over the regulation of firearms manufactured and sold within state boundaries was soon followed by a similar law in Tennessee. Officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives have already sent letters to gun dealers and federal permit holders in both states, telling them to ignore the state law. A court battle is next.
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