Montana Firearms Freedom Act
Encyclopedia
The Montana Firearms Freedom Act is an attempt to limit federal jurisdiction over firearms in the state of Montana
.
after October 1, 2009, and which remain in the state, are exempt from United States federal firearms regulations
, provided that these items are clearly stamped "Made in Montana" on a central metallic part.
It applies to all firearms other than fully automatic weapons, firearms that cannot be carried and used by one person, and firearms with a bore diameter
greater than 1½ inch which use smokeless powder
. It also applies to ammunition (except exploding projectiles), and accessories such as suppressors
.
The law has no requirements for registration, background checks or dealer licensing.
on April 15, 2009 and became effective on October 1, 2009.
This law has been assigned Chapter 205 in Title 30, of the Montana Code Annotated.
, Ninth
and Tenth
amendments from the Bill of Rights
to the United States Constitution
. This act reaffirms the right of the people to keep and bear arms. It guarantees to the people rights not mentioned in the constitution, as well as to the states and their people all powers not granted to the federal government elsewhere in the constitution. The law also states that Article II, section 12, of the Montana constitution
prohibits government interference with the right of individual Montana
citizens to keep and bear arms.
Some supporters assert that the legislation is also about curbing excessive Federal regulation in areas such as education, animal management and intrastate trade.
The drafters of the law intend setting off a legal challenge with the Bureau of Alcohol, Tobacco, Firearms and Explosives
.
es, clarifying the bureau's position on the Montana Firearms Freedom Act. According to this letter, "...because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act
, and their corresponding regulations, continue to apply." The letter then summarizes ATF requirements for FFL holders.
On August 24, 2009, the Montana Shooting Sports Association and the Second Amendment Foundation
announced that they were planning on filing a lawsuit on October 1, 2009 — the date that the Montana Firearms Freedom Act became effective — to stop federal regulations from being enforced for the firearms covered under the new state law.
s or AR-10
/AR-15 family receivers to private parties without a Form 4473
. But they did state that they intend to do so, once a court ruling clears the way.
On September 29, 2010, U.S. District Court Judge Donald Molloy dismissed the suit "for lack of subject matter jurisdiction and failure to state a claim."
The Plaintiffs have filed an appeal with the United States Court of Appeals for the Ninth Circuit
.
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
.
Provisions
The law declares that firearms manufactured in the state of MontanaMontana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
after October 1, 2009, and which remain in the state, are exempt from United States federal firearms regulations
Gun law in the United States
Gun law in the United States is defined by a number of state and federal statutes. In the United States of America, the protection against infringement of the right to keep and bear arms is addressed in the Second Amendment to the United States Constitution...
, provided that these items are clearly stamped "Made in Montana" on a central metallic part.
It applies to all firearms other than fully automatic weapons, firearms that cannot be carried and used by one person, and firearms with a bore diameter
Caliber
In guns including firearms, caliber or calibre is the approximate internal diameter of the barrel in relation to the diameter of the projectile used in it....
greater than 1½ inch which use smokeless powder
Smokeless powder
Smokeless powder is the name given to a number of propellants used in firearms and artillery which produce negligible smoke when fired, unlike the older gunpowder which they replaced...
. It also applies to ammunition (except exploding projectiles), and accessories such as suppressors
Suppressor
A suppressor, sound suppressor, sound moderator, or silencer, is a device attached to or part of the barrel of a firearm which reduces the amount of noise and flash generated by firing the weapon....
.
The law has no requirements for registration, background checks or dealer licensing.
Legislative history
The bill was introduced January 13, 2009 by Joel Boniek, Gerald Bennett, Edward Butcher, Aubyn Curtiss, Lee Randall and Wendy Warburton. It was signed in to law by Governor Brian SchweitzerBrian Schweitzer
Brian David Schweitzer is an American politician from the U.S. state of Montana. Schweitzer is its 23rd and current governor, serving since January 2005. Schweitzer currently has one of the highest approval ratings among governors in the nation, with polls regularly showing a rating of above 60...
on April 15, 2009 and became effective on October 1, 2009.
This law has been assigned Chapter 205 in Title 30, of the Montana Code Annotated.
Rationale
The legislature declares that the authority for this law is derived from the SecondSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
, Ninth
Ninth Amendment to the United States Constitution
The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.-Text:-Adoption:When the U.S...
and Tenth
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
amendments from the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This act reaffirms the right of the people to keep and bear arms. It guarantees to the people rights not mentioned in the constitution, as well as to the states and their people all powers not granted to the federal government elsewhere in the constitution. The law also states that Article II, section 12, of the Montana constitution
Montana Constitution
The Constitution of the State of Montana is the primary legal document providing for the self-governance of the U.S. State of Montana. It establishes and defines the powers of the three branches of the government of Montana, and the rights of its citizens...
prohibits government interference with the right of individual Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
citizens to keep and bear arms.
Some supporters assert that the legislation is also about curbing excessive Federal regulation in areas such as education, animal management and intrastate trade.
The drafters of the law intend setting off a legal challenge with the Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
.
Support in other states
Similar laws were subsequently passed in Alaska, Arizona, Idaho, South Dakota, Tennessee, and Wyoming. Attempts to do so have also been made in Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, West Virginia and Washington.ATF response
On July 16, 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives published an open letter to Montana Federal Firearms LicenseFederal Firearms License
A Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms...
es, clarifying the bureau's position on the Montana Firearms Freedom Act. According to this letter, "...because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
, and their corresponding regulations, continue to apply." The letter then summarizes ATF requirements for FFL holders.
On August 24, 2009, the Montana Shooting Sports Association and the Second Amendment Foundation
Second Amendment Foundation
The Second Amendment Foundation or SAF is an educational- and legal-defense organization which describes its mission as “promoting a better understanding about our constitutional heritage to privately own and possess firearms...
announced that they were planning on filing a lawsuit on October 1, 2009 — the date that the Montana Firearms Freedom Act became effective — to stop federal regulations from being enforced for the firearms covered under the new state law.
Legal challenge
Plaintiffs filed suit in support of the law, in federal district court, on October 1, 2009. These plaintiffs are the Montana Shooting Sports Association, the Second Amendment Foundation, and MSSA president Gary Marbut. The legal complaint states that Marbut "wishes to manufacture and sell small arms and small arms ammunition to customers exclusively in Montana, pursuant to the MFFA, without complying with the NFA or the GCA, or other applicable federal laws." One firearms manufacturer in Kalispell, Montana has stated that because they cannot afford to litigate, they do not plan to sell their AR-15AR-15
The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....
s or AR-10
AR-10
The AR-10 is an American 7.62 mm battle rifle developed by Eugene Stoner in the late 1950s at ArmaLite, then a division of the Fairchild Aircraft Corporation...
/AR-15 family receivers to private parties without a Form 4473
Form 4473
A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder ....
. But they did state that they intend to do so, once a court ruling clears the way.
On September 29, 2010, U.S. District Court Judge Donald Molloy dismissed the suit "for lack of subject matter jurisdiction and failure to state a claim."
The Plaintiffs have filed an appeal with the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
.
External links
- Orbach, Callahan & Lindemmen (2010), "Arming States’ Rights: Federalism, Private Lawmakers, and the Battering Ram Strategy", Arizona Law Review, vol. 52.
- The Firearms Freedom Act