ATF Tries to Revoke "Montana Made" State Sovereignty Laws

ATF Tries to Revoke "Montana Made" State Sovereignty Laws

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 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.

More From samD


8 years 8 weeks ago, 10:34 AM


hillbilly77's picture

Lieutenant General
Join Date:
Jan 2009
Newport, Wa

jack booted thugs. I cant wait till the people start to stand up to these tyrants. I can bet you there will be no more free Waco's or Ruby Ridges.Citizens will start standing up for their neighbors and these bastards will be screwed.

“If ever time should come,when vain and aspiring men shall possess the highest seats in government, our country will stand in need of it's experienced Patriots to prevent it's ruin."Samuel Adams
8 years 8 weeks ago, 11:15 AM


LLE's picture

Join Date:
Jul 2008
United States

Tennessee, Montana et al v. Obama and the BATFE. Another important constitutional milestone.

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
8 years 8 weeks ago, 11:41 AM

greg az

greg az's picture

Secretary of Homeland Security
Join Date:
Oct 2009
New York, NY, Ascension Island

I heard this just this last week, that the supreme court has this on its dockett.. Think we knew before they were looking for a test case, and guess they have one, the whole point of the story i heard was that this would soon be resolved by the supreme court..
It's a bit doubtful to me that they will pass it.. Obviously were all pleased that they over turned the gun ban in DC, and effectivly supported and uderscored the second ammendment to be defined as WE want.. This was a major victory for all of us.. BUT i dont see them backing the intrastate deal..

Much as i want this, im afraid this is such a huge issue of states rights, that at this point. With some states going bankrupt, Im afraid they are going to be afraid of impowering the states to that degree.. Hope im wrong.. If it passed, or if the supreme court found in favor of intrastate commerce then all conservative states, and az is on that list, would pass the same law.. Think about this. there would be more made, the prive would drop, no class stamps, wake up in the morning thinking heck, think i'll go buy a machine pistol today.. be at the range by noon with same.. That my friends is living free...

a man has to hold his word, hold his beliefs, and hold a good sight picture.
7 years 19 weeks ago, 7:59 AM


Vaquero's picture

General of the Army
Join Date:
Dec 2009
West Texas
Montana made update

U.S. District Court Judge Donald Molloy today threw out a lawsuit spearheaded by resident gun nut Gary Marbut that seeks to validate the 2009 Montana Firearms Freedom Act. Molloy's ruling takes the side of the U.S. Department of Justice, which refutes the act's claim that guns manufactured and sold within a state's borders are free from federal regulation. And it should come as no surprise to anyone familiar with the issue that Marbut's overjoyed with the court decision.

"We've believed all along that the federal District Court cannot grant the relief we request," Marbut, president of the Montana Shooting Sports Association, said in a statement this afternoon. "We seek to overturn a half-century of bad precedent. Only the U.S. Supreme Court can do that. In that light the pending dismissal by the District Court means little except that we are now free to move to the next step of the process."

A number of parties have come out in support of Marbut's court case over the past year, including the Gun Owners of America, the Weapons Collectors Society of Montana and the state of Utah. The suit will now pass to the Ninth Circuit Court of Appeals as Marbut continues to climb the legal ladder to the U.S. Supreme Court. His goal, he's said, is to use the case to set a precedent for states rights by removing federal control of Montana-made guns.

"That the U.S. is so desperate to keep this matter from going to trial tells me that they are very afraid of any precedent that might be established," Marbut said.

Copied and pasted from, dated Sept, 2010

The truth, the whole truth and nothing but the truth!
7 years 19 weeks ago, 8:11 AM

Larry Wagner

Larry Wagner's picture

Lieutenant General
Join Date:
Nov 2009
Arizona, United States

I am not familiar with this case but IMHO, Anything that can be done to remove Government from any part of our lives is a good thing & should be done. That being said, No I do not advocate "Pot Metal Wonders" & cheap, dangerous crap being put out for sale as a Firearm. Strict Quality guidelines must be in place, & adhered to, & administered by someone? Who that someone would be, I do not know? Hey, I'm not doing anything at the moment????

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
samD's picture
Posted by: samD
8 years 8 weeks ago

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