Thundar
Regular Member
imported post
Yah 10th A, Yeah freedom, Boot the BATFE! I know this is a lot to read, but it is actually brilliant work. The first link is great. BATFE's latest response was Sept 29. and their letter is at the bottom of the post.
The Firearms Freedom Act (FFA) is sweeping the Nation.
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.
Since its passage in Montana, a clone of the Firearms Freedom Act has been enacted in Tennessee, and has been introduced in the legislatures of Alaska, Texas, South Carolina, Minnesota and Florida. Legislators in many other states have announced that they will introduce FFA clones when their legislatures next convene.
The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object – it is a state’s rights exercise
Link: http://firearmsfreedomact.com/
Gun Groups to Sue over Montana-made and Retained Firearms
MISSOULA, MT – the Montana Shooting Sports Association (MSSA) and the
Second Amendment Foundation (SAF) have formed a strategic alliance to
litigate the principles of the Montana Firearms Freedom Act (MFFA),
passed by the 2009 Montana Legislature and signed into law by Montana
Governor Brian Schweitzer.
The MFFA declares that any firearms made and retained in Montana are
not subject to any federal authority, resisting Congress’s
dramatically expanded use of the interstate commerce clause to
justify Washington’s regulation of virtually all of the private
economy. The MFFA also applies to firearm accessories and ammunition.
MSSA is most well-known for advancing pro-gun and pro-hunting bills
in the Montana Legislature, and has been successful with 54 pro-gun
and pro-hunting measures in the past 25 years. SAF is a pro-gun
foundation in Bellevue, Washington, established to press the rights
of gun owners primarily in judicial fora. SAF has been a party to
numerous lawsuits to assert the rights of gun owners across the Nation.
The primary purpose of the MFFA is to set up a legal challenge to
federal power under the commerce clause. MSSA and SAF expect to
mount this legal challenge by filing a suit for a declaratory
judgment to test the principles of the MFFA in federal court on
October 1st, the day the Montana law becomes effective.
The concept of the Firearms Freedom Act has caught fire
nationwide. Tennessee has passed a clone of the MFFA. Other clones
have been introduced in the legislatures of Alaska, Texas, Florida,
South Carolina, Minnesota and Michigan. Legislators in 19 other
states have indicated that they will introduce MFFA clones soon or
when their legislatures next convene. See: http://firearmsfreedomact.com
This wave of interest across the Nation is what the federal judiciary
calls “emerging consensus” and will play an important role in
validating the principles of the MFFA.
MSSA president Gary Marbut commented, “We’re excited to get the MFFA
into court to articulate and argue the principles of freedom and
states’ rights. It’s especially encouraging that people in so many
other states are getting tickets to ride this particular freedom
train. It will be an interesting journey, and we hope successful one.”
SAF founder Alan Gottlieb added, “This is an issue that needs public
attention because it challenges federal intrusion into an area where
the federal government clearly, and literally, has no business.”
The MSSA/SAF legal team is currently working up its arguments and
litigation strategy. The team has identified several areas of
rationale’ that have never been discussed before in cases about
Congress’s commerce clause power. The general thesis is that
Washington has gone way overboard in attempting to regulate the
internal affairs of states under the strained theory that states’
internal activities are related to interstate commerce.
Although the MFFA addresses firearms, ammunition and firearm
accessories specifically, it is primarily about states’ rights and
the commerce clause power of Congress. Firearms are the object;
states’ rights and freedom are the subjects.
Link: http://firearmsfreedomact.com/2009/08/21/gun-groups-to-sue-over-montana-made-and-retained-firearms/
Letter Exchange between a Free Man and BATFE
August 21, 2009
Dear Mr. Bray,
I wish to manufacture firearms, firearm accessories or ammunition consistent with the Montana Firearms Freedom Act, enacted by the 2009 Montana Legislature, which becomes effective on October 1, 2009.
http://data.opi.mt.gov/bills/2009/billhtml/HBO246.htm
Can you tell me if it is permissible under federal law to either:
1) Manufacture such items solely for my own use in Montana, or
2) Manufacture such items for sale to others only within Montana
Thank you for your timely response.
Sincerely,
Gary Marbut
September 29, 2009
Dear Mr. Marbut,
I have reviewed your letter dated August 21, 2009. In that letter you indicate that you wish to manufacture firearms, firearms accessories, or ammunition consistent with the Montana Firearms Freedom Act (Montana HB 246.) You inquired whether under Federal law it is permissible to manufacture such items for your sole use, and whether you could manufacture such items for sale to others within Montana.
As a first matter, the manufacture of firearms, ammunition, and firearms accessories for your personal use does generally not require licensure under the Federal Gun Control Act of 1968, as amended (GCA). If the firearm, however, is of a type that is defined under 26 U.S.C. Section 5845 (i. e., a National Firearms Act firearm), you will need to file an ATF Form 1, and have it approved by ATF prior to manufacture. I note that in Montana HB 246, the definition of firearm accessory includes sound suppressors. A sound suppressor could come within the definition of a silencer or muffler under the National Firearms Act (NFA), and manufacture of such, even for personal use, would require filing an ATF Form 1, and approval from ATF.
Your other concern is whether it is permissible under Federal law to manufacture firearms, firearms accessories, or ammunition for sale to others within Montana. The manufacture of firearms or ammunition for sale to others within Montana requires licensure by ATF. In order to become a licensed manufacturer you will need to file an ATF Form 7 with ATF’s Federal Firearms Licensing Center. I have attached a form with instructions for your use. The manufacture of firearms accessories for sale within Montana, with the exception of sound suppressors, does not require a license from ATF. If you desire to manufacture sound suppressors for sale, please contact our ATF Salt
Lake City Industry Operations Office at 801-524-7000. That office can assist you in becoming a manufacturer of NFA firearms. Also, if you are engaging in the business of manufacturing firearms or ammunition for sale to others, and desire ATF to examine a sample of such firearm or ammunition, please contact ATF’s Fireanns Technology Branch at 304-260-3414, who will arrange to have the firearm or ammunition evaluated at the local ATF office in Montana.
As a final matter, ATF hopes to work with you in obtaining any necessary manufacturing licenses required under the GCA, or registration of firearms covered by the NFA. However, you should be aware that any unlicensed manufacturing of firearms or ammunition for sale or resale, or the manufacture of any NFA weapons, including sound suppressors, without proper registration and payment of tax, is a violation of Federal law and could lead to the forfeiture of such items and potential criminal prosecution under the GCA or NFA. To the extent that the Montana Firearms Freedom Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the GCA and NFA, and their corresponding regulations, continue to apply.
If you have any questions about any of the matters addressed in this letter, please contact Resident Agent in Charge Ken Bray at 406-657-6886.
Sincerely,
Richard E. Chase
Special Agent in Charge
Denver Field Division
Link: http://firearmsfreedomact.com/2009/09/29/929-batfe-letter-re-the-mffa/
Yah 10th A, Yeah freedom, Boot the BATFE! I know this is a lot to read, but it is actually brilliant work. The first link is great. BATFE's latest response was Sept 29. and their letter is at the bottom of the post.
The Firearms Freedom Act (FFA) is sweeping the Nation.
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.
Since its passage in Montana, a clone of the Firearms Freedom Act has been enacted in Tennessee, and has been introduced in the legislatures of Alaska, Texas, South Carolina, Minnesota and Florida. Legislators in many other states have announced that they will introduce FFA clones when their legislatures next convene.
The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object – it is a state’s rights exercise
Link: http://firearmsfreedomact.com/
Gun Groups to Sue over Montana-made and Retained Firearms
MISSOULA, MT – the Montana Shooting Sports Association (MSSA) and the
Second Amendment Foundation (SAF) have formed a strategic alliance to
litigate the principles of the Montana Firearms Freedom Act (MFFA),
passed by the 2009 Montana Legislature and signed into law by Montana
Governor Brian Schweitzer.
The MFFA declares that any firearms made and retained in Montana are
not subject to any federal authority, resisting Congress’s
dramatically expanded use of the interstate commerce clause to
justify Washington’s regulation of virtually all of the private
economy. The MFFA also applies to firearm accessories and ammunition.
MSSA is most well-known for advancing pro-gun and pro-hunting bills
in the Montana Legislature, and has been successful with 54 pro-gun
and pro-hunting measures in the past 25 years. SAF is a pro-gun
foundation in Bellevue, Washington, established to press the rights
of gun owners primarily in judicial fora. SAF has been a party to
numerous lawsuits to assert the rights of gun owners across the Nation.
The primary purpose of the MFFA is to set up a legal challenge to
federal power under the commerce clause. MSSA and SAF expect to
mount this legal challenge by filing a suit for a declaratory
judgment to test the principles of the MFFA in federal court on
October 1st, the day the Montana law becomes effective.
The concept of the Firearms Freedom Act has caught fire
nationwide. Tennessee has passed a clone of the MFFA. Other clones
have been introduced in the legislatures of Alaska, Texas, Florida,
South Carolina, Minnesota and Michigan. Legislators in 19 other
states have indicated that they will introduce MFFA clones soon or
when their legislatures next convene. See: http://firearmsfreedomact.com
This wave of interest across the Nation is what the federal judiciary
calls “emerging consensus” and will play an important role in
validating the principles of the MFFA.
MSSA president Gary Marbut commented, “We’re excited to get the MFFA
into court to articulate and argue the principles of freedom and
states’ rights. It’s especially encouraging that people in so many
other states are getting tickets to ride this particular freedom
train. It will be an interesting journey, and we hope successful one.”
SAF founder Alan Gottlieb added, “This is an issue that needs public
attention because it challenges federal intrusion into an area where
the federal government clearly, and literally, has no business.”
The MSSA/SAF legal team is currently working up its arguments and
litigation strategy. The team has identified several areas of
rationale’ that have never been discussed before in cases about
Congress’s commerce clause power. The general thesis is that
Washington has gone way overboard in attempting to regulate the
internal affairs of states under the strained theory that states’
internal activities are related to interstate commerce.
Although the MFFA addresses firearms, ammunition and firearm
accessories specifically, it is primarily about states’ rights and
the commerce clause power of Congress. Firearms are the object;
states’ rights and freedom are the subjects.
Link: http://firearmsfreedomact.com/2009/08/21/gun-groups-to-sue-over-montana-made-and-retained-firearms/
Letter Exchange between a Free Man and BATFE
August 21, 2009
Dear Mr. Bray,
I wish to manufacture firearms, firearm accessories or ammunition consistent with the Montana Firearms Freedom Act, enacted by the 2009 Montana Legislature, which becomes effective on October 1, 2009.
http://data.opi.mt.gov/bills/2009/billhtml/HBO246.htm
Can you tell me if it is permissible under federal law to either:
1) Manufacture such items solely for my own use in Montana, or
2) Manufacture such items for sale to others only within Montana
Thank you for your timely response.
Sincerely,
Gary Marbut
September 29, 2009
Dear Mr. Marbut,
I have reviewed your letter dated August 21, 2009. In that letter you indicate that you wish to manufacture firearms, firearms accessories, or ammunition consistent with the Montana Firearms Freedom Act (Montana HB 246.) You inquired whether under Federal law it is permissible to manufacture such items for your sole use, and whether you could manufacture such items for sale to others within Montana.
As a first matter, the manufacture of firearms, ammunition, and firearms accessories for your personal use does generally not require licensure under the Federal Gun Control Act of 1968, as amended (GCA). If the firearm, however, is of a type that is defined under 26 U.S.C. Section 5845 (i. e., a National Firearms Act firearm), you will need to file an ATF Form 1, and have it approved by ATF prior to manufacture. I note that in Montana HB 246, the definition of firearm accessory includes sound suppressors. A sound suppressor could come within the definition of a silencer or muffler under the National Firearms Act (NFA), and manufacture of such, even for personal use, would require filing an ATF Form 1, and approval from ATF.
Your other concern is whether it is permissible under Federal law to manufacture firearms, firearms accessories, or ammunition for sale to others within Montana. The manufacture of firearms or ammunition for sale to others within Montana requires licensure by ATF. In order to become a licensed manufacturer you will need to file an ATF Form 7 with ATF’s Federal Firearms Licensing Center. I have attached a form with instructions for your use. The manufacture of firearms accessories for sale within Montana, with the exception of sound suppressors, does not require a license from ATF. If you desire to manufacture sound suppressors for sale, please contact our ATF Salt
Lake City Industry Operations Office at 801-524-7000. That office can assist you in becoming a manufacturer of NFA firearms. Also, if you are engaging in the business of manufacturing firearms or ammunition for sale to others, and desire ATF to examine a sample of such firearm or ammunition, please contact ATF’s Fireanns Technology Branch at 304-260-3414, who will arrange to have the firearm or ammunition evaluated at the local ATF office in Montana.
As a final matter, ATF hopes to work with you in obtaining any necessary manufacturing licenses required under the GCA, or registration of firearms covered by the NFA. However, you should be aware that any unlicensed manufacturing of firearms or ammunition for sale or resale, or the manufacture of any NFA weapons, including sound suppressors, without proper registration and payment of tax, is a violation of Federal law and could lead to the forfeiture of such items and potential criminal prosecution under the GCA or NFA. To the extent that the Montana Firearms Freedom Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the GCA and NFA, and their corresponding regulations, continue to apply.
If you have any questions about any of the matters addressed in this letter, please contact Resident Agent in Charge Ken Bray at 406-657-6886.
Sincerely,
Richard E. Chase
Special Agent in Charge
Denver Field Division
Link: http://firearmsfreedomact.com/2009/09/29/929-batfe-letter-re-the-mffa/
