Theodore's World: ATF Tries to Revoke "Montana Made" State Sovereignty Laws

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February 21, 2010

ATF Tries to Revoke "Montana Made" State Sovereignty Laws

ATF Tries to Revoke "Montana Made" State Sovereignty Laws

National Association for Gun Rights

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.

Dudley Brown
Executive Director
National Association for Gun Rights


Wild Thing's comment........

This BILL is a shot across the Obama bow. And I pray that states and citizens keep firing and keep their powder dry. Montana is saying that the federal government has no right to regulate what goes on INSIDE their state.

This is a law passed by the legislature and signed by the Governor. It’s not about Schweitzer anymore; he did his part. Why would a Democrat sign such a law?

The answer is, “Because the people demanded it.”

This is a reaction against Obama. People have been buying guns and ammunition as has never before been seen. They KNOW Obama, and they KNOW Democrats.

And for good reason: Obama is pushing a treaty to ban reloading. Liberals are trying to regulate the components of ammunition as explosives and thus restrict ammunition. Liberals in California are nakedly attempting to circumvent the 2nd Amendment by regulating ammunition, hence making guns useless.

....Thank you Mark for sending this to me.

3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67

Posted by Wild Thing at February 21, 2010 04:49 AM


First,This BATF harassment in Montana and Tennessee is another violation of the 10th Amendment. They are scared to death of our Right to keep and bear Arms. The biggest tooth in the Constitution.

Secondly,Is this a UN sponsored treaty ? I can't find any reference except to Mexico but towards the end, it references other third world countries.

This is why Health Care must fail. Once that snowball starts rolling down hill, every Right we have will be fair game for them to exploit it and take away more Rights. This is violating the Constitution, from the 2nd, 5th and 10th amendments. All without due process. I'm sure there are more parts of the Constitution being violated, but that never stopped this dunce before.

This is going to do one thing, it will start a real fight. With worse things to come out of it. Congress better wake up or their share of equal power with the three branches will surely put them in second only to the Executive branch.

Posted by: Mark at February 21, 2010 08:57 AM

Like they flew at the Alamo in 1836, "COME AND TAKE IT!"

Posted by: darthcrUSAderworldtour07 at February 21, 2010 09:12 AM

I hope Montana and Tennessee stand fast. The Federal govt. has no legal power over intrastate commerce. The Feds have been acting unconstitutionally for decades. Undobtedly, this will go through the courts system and will end up at SCOTUS. In the meantime I hope other states will join in this effort to reinstate the Tenth Amendment.

Posted by: TomR at February 21, 2010 12:34 PM

Native of Havre, Montana.
It would well serve the BATFE to do a bit of research into the history. On a MHP trooper's badge is a set of numbers. They come from the time of The Vigilantes during the 1864 Gold Rush in and around places like Helena(Last Chance Gulch), Virginia City and Grasshopper Creek. 3-7-77 is the code used by the Vigilantes if there was any doubt as to guilt. Were I a county sheriff in the State I was brought up in, I would have a tag with it attached to any and all BATFE agents in handcuffs and leg irons as they are transported back to DC or what ever rock they crawled out from under. And Secretary Nappy and Attorney General "pair of missing nuts" Holder are out and out traitors to the Republic and should be tried as such.

Posted by: Glenn Mark Cassel AMH1(AW) USN Ret. at February 21, 2010 03:00 PM

Thanks everyone for your input about this and information.

Posted by: Wild Thing at February 21, 2010 11:22 PM