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General Categories => General Firearm Discussion => Topic started by: FarmerRick on July 20, 2009, 05:59:46 PM

Title: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: FarmerRick on July 20, 2009, 05:59:46 PM: http://www.atf.gov/firearms/071709-montana-openletter.pdf (http://www.atf.gov/firearms/071709-montana-openletter.pdf)

I have added emphasis in some areas.

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (FFL). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is dedicated to your success in meeting requirements as a Federal Firearms licensee.

The passage of the Montana Firearms Freedom Act, House Bill 246 (Act), effective, October 1, 2009, has generated questions from industry members as to how this State law may affect them while engaged in firearms business activity. The Act purports to exempt personal firearms, firearms accessories and ammunition manufactured in the State, from most Federal Firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supercedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain in the state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge and serial number of each firearm manufactured or otherwise, and the date such manufacture or other acquistion was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunitions have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of phone numbers can be found at : http://www.atf.gov/contact/field.htm

It is signed by Carson W. Carroll Assistant Director (Enforcement Programs and Services)

http://www.atf.gov/firearms/071709-montana-openletter.pdf
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: SBarry on July 20, 2009, 06:50:30 PM: I expect law suits and civil disobedience to start rapidly, if they have the balls to do it. We need to stand beside them. The BATFE acts like they make the laws, and sometimes they do. We need leaders to correct this situation.
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: huskergun on July 20, 2009, 06:56:15 PM: What this person doesn't understand is some people in Montana don't give a rats a** what the ATF or the Feds say. They are making their own rules because they feel the Feds along with the ATF are corupt. Go Montana! States RIGHTS!!!
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: David Hineline on July 21, 2009, 05:57:50 PM: they have sent the same letter to Tennesee who passed the same type of law.
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: bkoenig on July 22, 2009, 08:37:35 PM: I seriously doubt if any manufacturors or FFL's will risk losing their livelihood by going against the ATF and violating their (wrong) interpretation of the law. I'm guessing someone will file a lawsuit on behalf of one of these entities, alleging the Federal laws infringe on the rights given them by the state. Go Montana!
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: Rich B on July 24, 2009, 09:57:21 AM: Quote from: bkoenig on July 22, 2009, 08:37:35 PM
I seriously doubt if any manufacturors or FFL's will risk losing their livelihood by going against the ATF and violating their (wrong) interpretation of the law. I'm guessing someone will file a lawsuit on behalf of one of these entities, alleging the Federal laws infringe on the rights given them by the state. Go Montana!

And the suit will get tossed out because they lack standing. :(

My guess is that someone will have to break federal law to get standing to fight this.
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: bkoenig on July 24, 2009, 05:45:44 PM: Heller was brought about in that manner though - he didn't disobey the law, just sued alleging the law violated his rights.
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: DanClrk51 on July 27, 2009, 05:19:41 AM: The federal government needs to back off. Montana should do what it believes is right here. Thumbs up for Montana and State's Rights!
Title: Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
Post by: JimP on July 27, 2009, 03:23:54 PM: Quote from: DanClrk51 on July 27, 2009, 05:19:41 AM
The federal government needs to back off. Montana should do what it believes is right here. Thumbs up for Montana and State's Rights!

Unlikely. The Fedgov outnumbers Montanans...... which is a damn shame.