< Back to the Main Site
« previous next »
Pages: [1]   Go Down

Author Topic: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."  (Read 1644 times)

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« on: July 20, 2009, 05:59:46 PM »
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
Logged
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline SBarry

  • Former BOD, NFOA Volunteer , NFOA Firearm Rights Champion Award Winner
  • NFOA Full Member
  • **
  • Join Date: Apr 2009
  • Location: Kearney
  • Posts: 1107
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #1 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.
Logged
The sheep don't like this sheepdog until the wolves start working the flock.

Offline huskergun

  • Gun Show Volunteer
  • Powder Benefactor
  • *
  • Join Date: Jan 2009
  • Location: South West Omaha
  • Posts: 598
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #2 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!!!
Logged
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson




No Free man shall ever be debarred the use of arms.
Thomas Jefferson.

Offline David Hineline

  • NFOA Full Member
  • **
  • Join Date: Dec 2007
  • Location: South Sioux City
  • Posts: 562
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #3 on: July 21, 2009, 05:57:50 PM »
they have sent the same letter to Tennesee who passed the same type of law.
Logged
Machinegun owners blow thier load with one pull of the trigger

Offline bkoenig

  • Gun Show Volunteer
  • Powder Benefactor
  • *
  • Join Date: May 2009
  • Location: Lincoln, NE
  • Posts: 3677
  • Aspiring cranky old gun nut
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #4 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!
Logged

Offline Rich B

  • NFOA Co-Founder
  • *****
  • Join Date: Nov 2008
  • Posts: 864
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #5 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.
Logged
NRA Life Member.

Offline bkoenig

  • Gun Show Volunteer
  • Powder Benefactor
  • *
  • Join Date: May 2009
  • Location: Lincoln, NE
  • Posts: 3677
  • Aspiring cranky old gun nut
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #6 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.
Logged

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #7 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!
Logged

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: Well, the BATFE has poked Montana in the eye...or, "And So It Begins..."
« Reply #8 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.
Logged
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.
Pages: [1]   Go Up
« previous next »