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.
Please stay tuned to updates on this supremely important issue in our
future emails.
In Liberty,
Dudley Brown
Executive Director
National Association for Gun
Rights