Skip to comments.ATF Tries to Revoke "Montana Made" State Sovereignty Laws [Firearms Freedom Acts]
Posted on 02/21/2010 9:46:46 AM PST by fight_truth_decay
We all predicted this would happen.
In a move typical for that fear-mongering organization with an ever-swelling acronym, the BATFE has written gun dealers in the states of Montana and Tennessee to let them know the BATFE will be disregarding the states' sovereign gun laws.
The "Montana Made" law, just like Tennessee's Firearms Freedom Act, is very simple.
Much of the claimed federal authority to regulate firearm sales and transfers stems from a liberal interpretation of every American tyrant's favorite subterfuge, the "interstate commerce" clause. In essence, this is what gives the BATFE its nasty teeth.
With this in mind, Montana correctly understood that any weapon made in Montana by Montana residents and sold in Montana to Montana residents is Montana's business and Montana's business alone.
Montana thus sought to take charge of its firearms industry with the application of a simple truism:
Any gun made in Montana by Montana residents and sold in Montana to Montana residents is intrastate commerce, not "interstate commerce," and thus does not full under the purview of the federal government.
Potentially, the state would be able to say goodbye to NICS checks; Brady background checks; NFA taxes, bans and NFA databases -- and most importantly, federal "assault weapons" bans, which Montana and Tennessee rightly anticipated.
In effect, the "Montana Made" law would have permitted Montana gun companies to manufacture any kind of weapon banned by federal law -- including so-called "assault weapons" -- and sell them to fellow Montana residents.
Moreover, in this scenario, no one -- neither the manufacturer nor the dealer nor the buyer -- would have to kowtow to the BATFE by paying them a $200 tax and surrendering one's privacy to their notoriously inaccurate and oft-abused National Firearms Registry.
It was a new day for freedom -- and other states besides Tennessee were thinking of following suit: Alaska, Colorado, Oklahoma and Texas.
Well, the BATFE -- never one to have its power downplayed (or acronym belittled)-- has written letters to both Montana and Tennessee gun dealers letting them know that they proceed at their own risk.
We can only guess what new horrors those words portend -- probably more dead housewives and children as disgruntled ATF thugs shoot-to-kill anyone suspected of perhaps owning a firearm not properly taxed and regulated by Washington, D.C., power brokers.
What else would be new.
A few of our members expressed interest in contacting the BATFE to vent some righteous anger -- the same thing we did when the Department of Defense said they were going to ban all once-fired military brass for resale.
Remember how the DoD reneged on that commitment after just a few days due to the widespread backlash from gun owners and law enforcement?
Well, this is a bit different. Writing the ATF and providing them with your information is akin to giving thieves your home address and the hours you won't be home.
We're going to take a different, less dangerous approach.
We've been talking to state officials from both Montana and Tennessee today to try to figure out the best way we can help these state laws succeed.
For now, click here to read Luke's commentary on his blog and leave a comment as this development unfolds.
Dudley Brown Executive Director National Association for Gun Rights
The BATF is Ruby Ridge and WACO.
Murdering gestapo thugs.
Every state should pass the same laws and tell the Feds to F - off.
I’d say any gun dealer hassled by BATFE on Montana-produced and sold guns should call the Montana State Police upon ANY encroachment of its premises for that distinction.
Lon Noriuchi —— MURDERER.....
Is the BATFE going to go Waco on the whole state of Montana?
Expect “SO” to be the next letters added to the acronym. “SO” = “Sharp Objects”. Guess they’ve figured out they can’t afford to throw the entire population in concentration camps, so they’re trying to do the next ‘best’ thing. Turn America INTO a concentration camp.
‘I see your BATF SWAT team and raise you one Montana National Guard.’
Lon Noriuchi MURDERER...
...and if memory serves, West point graduate.
Yeah, I'm sure CA, NY and NJ will get right on that.
What a shame they even have to consider passing laws to define their sovereignty, the Constitution, 9th and 10th Amendments already do that.
But telling the feds to F off has a nice ring to it too!
In addition to being an Alum of WP, he also has the dubious distinction of being present at Ruby Ridge as well as Waco. In my book he’s a rotten apple. Screw him.
One poster made an interesting point that the SCOTUS has already ruled federal marijuana laws trump state laws.
We will see if the current SCOTUS goes the same way or not as this will probably get to that level within the next few years.
Acquiring Shotguns Solicitation Number: TIRWR-10-Q-00023
Agency: Department of the Treasury
Office: Internal Revenue Service (IRS)
Location: Field Operations Branch Western (OS:A:P:B:W)
Gun/States rights, CWII ping.
1. The Founding Fathers would have either said "The Bureau of what?" or "Excellent idea-one stop shopping."
2. Molon Labe. Ignore the Feds-let them try and take them. The Governors could call out the Guard and there would be a showdown. Obama would back down. Heck. he backed down from itsy bitsy Honduras.
Very disappointing to say the least.
I hope he doesn't go the same way here.
They should write this type of law with both criminal and civil elements. Arrest anyone violating the law and allow for the individual(s) to sue the individual(s) violating their rights for damages. Make it a civil action that could be handled in small claims or county court
He fought the feds - sued them when they tried to impose their gun laws - with this all the way to the SCOTUS - and WON!
N.H, has passed their sovereignty law - with legal consequences to any Fed who tries to override it
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