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Firearms Freedom Act – BATFE letter

July 22, 2009

There’s been a lot of chatter on the Net today about the “open” letters the BATFE has recently issued to Federal Firearms Licensees (FFLs) in Montana and Tennessee claiming that the Firearms Freedom Acts passed in Montana and Tennessee are trumped by federal law.

Two primary news stories about this today are at CBS News and World Net Daily.

Such a response to the state-made guns bills by the BATFE has been expected, and is not particularly disturbing, for several reasons:

1) The letters are addressed only to FFLs and purport to assert authority only over those licensees already under the federal thumb because of their licenses. We’ve always assumed that people with existing FFLs would not be players in the state-made guns exercise because they will not wish to risk thwarting the earned reputation the BATFE has for vindictiveness. The letters are not addressed to non-FFLs, those folks who are potential participants in the state-made guns business.

2) The BATFE letters may lack any official import because they are not signed by the official who appears in the signature block, but by some unknown other person. It’s difficult to place much credence in a missive upon which the purported issuing person is unwilling to put his signature, and for which the signer is unknown.

3) The essence of the letter is a declaration that the laws that the BATFE enforces supercede the U.S. Constitution and the Tenth Amendment. I understand that the BATFE hopes that is so, but that’s far from proven yet. (We still recommend that nobody make these state-made guns until we can litigate and vet the principles involved.)

4) The letters, if they are official even though unsigned by the issuer, will help us establish standing to get this issue squarely before the federal courts. The feds have thrown down the gauntlet.

That’s why MSSA is asking for donations – so we can get this into court ASAP. Our target date for filing our lawsuit is about a month away. Please send whatever you can.

You can make your check payable to “MSSA”, and mark “MFFA” (for Montana Firearms Freedom Act) in the memo line. Any such donations to MSSA are not tax deductible (hey, we don’t want the hassle or political limitations associated with becoming a tax exempt entity).

Mail your check to:

MSSA
P.O. Box 4924
Missoula, Montana 59806

OR, you can use the PayPal button in the upper left of the MSSA Website front page to make a credit card donation. Just go to:
http://www.mtssa.org

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

Comments

13 Responses to “Firearms Freedom Act – BATFE letter”

  1. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights : Black Bear Blog on July 22nd, 2009 6:11 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  2. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights : Montana Hunting Today on July 22nd, 2009 6:16 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  3. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights : Conservative Zone on July 22nd, 2009 6:17 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  4. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights : Tennessee Hunting Today on July 22nd, 2009 6:17 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  5. The Survivalist Forum » Blog Archive » Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights on July 24th, 2009 10:52 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  6. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights | Republic Broadcasting Network on July 24th, 2009 11:35 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  7. Restore The Republic » Blog Archive » Obama Administration Begins Opposition to States Claiming Sovereignty and Gun Rights on July 24th, 2009 5:43 pm

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  8. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights | The Ruthless Truth blog on July 25th, 2009 10:17 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  9. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights - Ford Powerstroke Diesel Forum on July 25th, 2009 12:13 pm

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was [...]

  10. Wizard of Oswald » Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights on July 25th, 2009 7:31 pm

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  11. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights | War On You: Breaking Alternative News on July 25th, 2009 7:36 pm

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was expected. [...]

  12. Obama Administration Begins Opposition To States Claiming Sovereignty And Gun Rights : Federal Jack on July 27th, 2009 11:16 am

    [...] Sports Association. Marbut was directly responsible for the Montana Firearms Freedom Act. In a letter sent to his members of MSSA, Marbut points out what he views as little concern over the letter and how it was [...]

  13. RMB on August 4th, 2009 6:38 pm

    You want the FEDERAL COURTS to decide this matter? Say what??!! What side do you think THEY will come down on? The STATES and not the FEDERAL GOVERNMENT is where we must seek protection of our rights. Asking the federal courts to decide this matter is like the 1927 Yankees having their manager as the Home Plate Umpire.

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