July 20, 2009
ATF Tries to Revoke "Montana Made" State Sovereignty Laws
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 state sovereignty gun laws of each state.
The "Montana Made" law, just like Tennessee's Firearms Freedom Act, is very simple.
Much of 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 only.
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.
Please stay tuned to updates on this supremely important issue in our next email.
For now, click here to read Luke's commentary on his blog and leave a comment as this development unfolds.
But before I leave you, would you consider a donation to the National Association for Gun Rights as we continue to fight for the right to keep and bear arms? If you're feeling particularly generous today, please click here to contribute.
In Liberty,
Dudley Brown
Executive Director
National Association for Gun Rights
P.S. The National Association for Gun Rights can always use your help as we are completely dependent on our members' generosity. Please click here to donate.
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