Gun rights groups are going to court:
The Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation (SAF) filed a lawsuit in federal court in Missoula today to validate the principles and terms of the Montana Firearms Freedom Act (MFFA).
The MFFA was enacted by the 2009 Montana Legislature, signed by Governor Schweitzer, and becomes effective today, Oct. 1.
What is the Firearms Freedom Act?
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.
Regular Gun Rights Examiner readers will recall the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE, traditionally referred to as "ATF") sent explicit warnings to Federal Firearms Licensees in Tennessee and Montana stating the bureau would continue to impose federal requirements in disregard of state law.
This raised questions among many in the gun rights community, because the open letters sent by ATF were specifically addressed to FFLs. What if an FFL was not acting in his capacity as a federal licensee to manufacture for personal use, or to transfer firearms strictly within a state? Or what if a person so engaged was not a federal licensee at all?
ATF's determined intent to hold all accountable under federal law has not wavered. In a letter to MSSA president Gary Marbut, Richard Chase, Special Agent in Charge, Denver Field Division, states:
If the firearm...is of a type that is defined under 26 U.S.C. Section 5845 (i. e., a National Firearms Act firearm), you will need to file an ATF Form 1, and have it approved by ATF prior to manufacture. I note that in Montana HB 246, the definition of firearm accessory includes sound suppressors. A sound suppressor could come within the definition of a silencer or muffler under the National Firearms Act (NFA), and manufacture of such, even for personal use, would require filing an ATF Form 1, and approval from ATF.
Your other concern is whether it is permissible under Federal law to manufacture firearms, firearms accessories, or ammunition for sale to others within Montana. The manufacture of firearms or ammunition for sale to others within Montana requires licensure by ATF.
Neither side intends to blink, let alone budge.
Here's the complaint:
This will be interesting.
Other resources:
Firearms Freedom Act
Montana Shooting Sports Association
Second Amendment Foundation
Comments
Obviously, I wish them the best of luck. But since Wickard v. Filburn, 317 U.S. 111 (1942), an item doesn't have to be in interstate commerce to be in interstate commerce in the minds of central statist cross-dressing judicial goons.
Maybe they'll get lucky and find an honest judge.
GO, Montana!!!
Bob
III
We need that here.
If nothing else, this shows the Constitution for the dangerous fiction it is. That "interstate commerce" thing, as well as "general welfare", should never have been put in unless it was to give the government power to do evil things like this.
Gee, I wonder whom the ruling will favor. Very romantic by the MSSA. But this will just be more fuel for the eventual fire.
C'mon Kent, both clauses were put in for very good reasons. Surely you know that the commerce clause was intended to prevent tariff wars between the states to the detriment of citizens. The general welfare clause was intended to prevent the state from doing anything that detrimentally affected the welfare of the citizen.
It is not the fault of the founders nor of the document that evil men have redefined the terms. Look how "shall not be infringed" has been redefined to mean layer upon layer of negating regulations is not an "infringement".
Your argument here should be with the redefiners and the evil agenda they pursue. And there is no way to confine evil men to good works or intentions, regardless of the type of government or law or lack thereof. That is, until they are made irrelevant or physically stopped. I vote for irrelevance, but fear the cessation of their behavior will require the application of physical force.
Nevertheless, the argument here is with men.
Nice discussion between Kent and SA. What I take away from it is another example of how "best intentions" can and will be twisted into something unrecognizable down the road, by professional rule-surfers. It's probable that a number of the Founders would have scratched their heads at all this, saying, "boy, I admit I never thought someone would use it THAT way", but it is also probable that at least some of the hardcore Federalists did deliberately inject pliability into the document wherever they could. Such actions probably would not have seen print, although the human dynamic is easy to understand, and seems very likely.
One way or the other, it sheds even more light on Franklin's "...if you can keep it" comment, doesn't it?
And in the end, that leads me back to the main point I think Kent was trying to make, which is that in a "game" like this, ANY sort of wiggle room will inevitably end up this way, given enough time--so, best to keep 'em as strangled as possible.
"ATF's determined intent to hold all accountable under federal law has not wavered."
Now now, David, we know that ATF is not determined to hold all accountable under federal law. You've written extensively and persuasively about how ATF seems to have no interest holding *itself* accountable under any sort of law.
Perhaps "all the peasantry, especially the uppity ones"?
Very strategic -- hit them while they're weak. Saul Alinsky would be proud.
This is how Communism collapsed elsewhere, isn't it? A world of agida just kept piling on until the whole thing just splintered.
Montana needs State Firearms Licensed so that they can tell the Feds "Well they don't have FFL's." They could make the 'license' very broad - any non-felonious citizen.
Let the revolution begin. Overthrow.
get the "F" out of the ATF
Hi sheepdogs, hi to the others too. The Constitution was not quite written in the same language we use today. It was made brief because everyone around understood what was wanted. Therefore the key to heading off ignorance, syupidity and evil is to consider the writings and speeches of those who wrote this document and wrote the amendments to it because the states would not sign it without those amendments. It is all there google almost anything and it is there. The other key is thetre is a lot of people who write these comments who have no right to complain. They did not vote. or they just voted blindly for the party which is one ofthe most stupiod things anyone can do. such crap gae us a sex offender and now aman who wants to be another Hitler. a commie! backed by a bunch of idiots who should never have gotten a second term like the congress from california. Hey congrats California. You got a damn good man as governor for someone who had no experience at all he has done great. PREZ?
It would be funny as all get out if Montana sent them a letter that simply said "HA!" The hour is aproaching when we all will have to put up or shut up. Legislation, legislation, legislation. All it does is prolong the inevitable and cost everyone that pays taxes that should be being used for better things.
Anyone think this one through yet to conjure up any potential outcome?
First thing comes to mind is that the BATFU isn’t going to relinquish one iota of power.
A court-level battle of the briefcases will put any so-called justices in a tight spot for sure, but I’m guessing they’ll do their dead-level best to protect the powers assumed by the Feds over any State any way they can.
Meanwhile, anyone trying to act on the authority of the State to manufacture a firearm for sale without complying with Fedregs first will surely be confronted by their armed minions and arrested.
Expecting State or local authorities to do the right thing and stand-up for the Citizen is somewhere between 'highly unlikely’ to 'ain’t gonna happen.'
Should the people try to stand their ground, the State will turn on them like the cowards they really are.
Say, isn't seizure by gov't agents of a Citizen's lawfully-held Arms an actual act of WAR?
Some claim they're ready for THE DAY.
We'll see.
Please keep comments on topic. I typically delete those that derail the conversation from the column, particularly those that promote other websites. If you have a topic you would like me to consider writing about, please email me at dcodreaAThotmailDOTcom, and if I choose to do so, we can talk about your issue then.
And if all else fails:
Governor should get on the tv with info-mercial and state the purpose of the MFFA to all Montanans. Give them an overview of the law with what's legal and what is not legal. Explain the abusive expansion of the federal governments commerce powers(Quote Clarence Thomas' dissent in Raich case). Also mention what jury nullification is and how it's the right of a jury to use it if necessary..Once this is done, I don't see how the ATF could get a conviction....They gotta try their case before a jury...
Wickard vs Filburn is likely going to be an issue in this case. In 2005 the Supreme Court referenced that case in Gonzales v. Raich when they said Congress can regulate purely intrastate activity even when it's produced privately and not for sale. Not that I agree with the constitutionality of that decision, mind you.
Herbert, good point to bring up. The black robes have made some really bad decisions that will affect everyone involved in the gun rights issues.
one off topic comment. From whom did they get that right? YOU didn't sign a contract with the government... Laws are forced upon you without your consent. Being born in a certain place and being forced to follow a set of arbitrary laws is asinine.
The answer to the ATF was solved years ago in a little book called "Unintended Consequences" and a more recent one entitled "The Iron Web". The ATF keeps pushing and the books are going to come true. Hopefully if there are any honest ATF employee's they will be wise enough to discreetly quit.
-stratispho
www.gunvoter.org
This is not an issue of safety. This is an issue about Federal power to *control* everything!
As a mere *citizen*, you are not smart enough to decide on what health care you want, what car you drive, what to eat, or what firearm you can own.
The federal government is much smarter than you are! Don't believe me, ask them!
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!