Monday, Jan 18, 2010
Editor’s note: In addition to there being no law in Texas preventing the sale of firearms between private individuals, the demand by the ATF and Austin cops is a direct violation of the Commerce Clause (Article I, Section 8, Clause 3 of the U.S. Constitution). “[The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes,” (emphasis added) the Commerce Clause states. In short, the federal government does not have the authority to regulate intrastate commerce. In addition, under the terms of the Firearm Owners Protection Act of 1986, individuals “not engaged in the business” of dealing firearms, or who only make “occasional” sales within their state of residence, are under no requirement to conduct background checks on purchasers or maintain records of sale. The ATF and APD are in violation of the law on at least two counts.
The Bureau of Alcohol, Tobacco, Firearms and Explosives is actively issuing directions banning private sales of guns without licenses at gun shows in Texas, despite there being no law to justify such demands.
A caller to the Alex Jones show brought attention to BATF notices handed out at the entrance of theTexas Gun And Knife Show, on North Lamaar, in Austin this past weekend.
The flyers (pictured below) state that anyone selling a firearm “will be asked to comply with” conditions including operating through a licensed FFL dealer.
The notice also states that “Selling firearms in the parking lot will not be permitted.”
“The lady at the front desk used her ‘mommy voice’ to get everyone’s attention.” Scott from Austin told The Alex Jones show, noting that the owners of the private building where the gun show was held were contacted by the APD and the BATF and directed to hand out the notices.
Scott also told listeners that a petition in protest of the directions was being handed around at the show.
Other attendees posted the flyer on web forums. One poster noted:
“Here is a public notice from a gun show in Austin, Texas this weekend. Do any fellow Texans know of any law changes that took effect recently that make person-to-person gun sales illegal? Has anyone else seen similar notices?”
“It was not handed out in the parking lot, it was posted at the entrance of the venue.” The forum user writes.
“I spoke with the man who runs the gun show and he said he was told on Thursday to post this (the gun show was Saturday and Sunday). Of course, the owner of the venue has the right to prohibit almost anything he wants on his property, but that’s not what this notice says. It says ‘at the direction of the Austin Police Department and the Bureau of Alcohol, Tobacco, and Firearms’ and that’s what bothers me.”
The direction “asks” visitors to comply with its demands precisely because there is no law or regulation against private gun sales.
Infowars is in the process of arranging interviews with the Texas Gun Show operators for comments on this issue.
Watch Alex Jones cover this story on Yesterday’s show (begins 7 mins in):