Posted on 02/17/2023 5:01:14 AM PST by marktwain
The Governor of the State of Montana has penned a letter to Attorney General Merrick Garland, explaining the State of Montana and its political subdivisions cannot “enforce, or assist the ATF enforcement” of the rule criminalizing the possession of pistol braces as short barreled rifles under the National Firearms Act.
Prohibition Of Enforcement
45-8-368. Prohibition of enforcement. (1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal ban on firearms, magazines, or ammunition.
(3) Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) law enforcement activity related to a federal ban; or
(b) the investigation of a violation of a federal ban.
(Excerpt) Read more at ammoland.com ...
Frees up Garland’s resources to send his storm troopers to New York State.
Montana refuses to aid the federal government in the enforcement of the new ATF rule/law.
________________________________
I wonder what this means. Does the ATF have the authority to come into Montana and enforce the Federal law without first obtaining the permission of the respective county sheriffs?
That’s my Governor!
Until the federal money stops, then they’ll start breaking down doors with a vengeance.
Certainly. The federal government agencies have had similar authority since the ratification of the Constitution.
However, it is very difficult for the government to enforce federal laws without cooperation from state and local authorities.
While they do, without the buy in of local and state government it is very difficult. What usually happens in most violations of federal law, is the local police do most of the "grunt work" investigation and such. Then the ATF, FBI or whoever takes over the arrest and prosecution in federal court. Without the help of local law enforcement, The ATF is going into an area cold that they don't have a clue about. They also simply don't have the manpower or resources to do the work that local and state law enforcement normally does for them. Or in other words, is it practical to assign a dozen $100k salaried ATF agents to a six-month investigation of a couple old timers that may illegally be using a pistol brace somewhere in rural Montana?
I always thought the sheriff, because he is an elected official, was the first and foremost law enforcement agent in the country.. Even more so then the FIB.. (?)
They have no authority to arrest federal agents, at least since 1868.
California officials attempted to arrest a federal agent in the 1870s, as I recall, and the federal courts ruled against them.
That is easy. Because Congress ceded the authority to them.
It has always been an explicit tenet of Progressive ideology to put "expert" "administrators" in charge of public policy.
We have been going this route ever since FDR.
With an originalist Supreme Court, they may be held in check. We will see.
Progressives dominated the courts from 1940 to 2008, at minimum. Probably until 2020.
Why not? They will more than likely be white guys and the racist fed gov likes to through white guys in jail.
And he decked a reporter that was giving him waaaay to much grief once.
Let us all have a wonderful weekend, FRiends...
They always have the big weapon: “No ‘federal funds’ for you!”
The federal government getting the income tax, then stealing our wealth and doling bits of it back to us to hold us hostage to their tyranny is the biggest mistake ever made in the republic.
We are your neighbor to the west and have useless Gov Little. He doesn’t lead on anything. I yearn for him to act like DeSantis.
Montana, ban the ATF from operating in your state’s jurisdiction.
Demand all unelected bureaucracies and federal agencies remain confined to their incorporated territory in the District of Columbia.
I suspect that case is a bit narrow and Federal agents do not have blanket immunity from local law enforcement (despite the movie trope where Feds arrive and “take over”)
Yes, a Sheriff can arrest a Federal Agent for a State crime. I personally know someone who did it.
“We have been going this route ever since FDR.”
Woodrow Wilson.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.