The Firearms Freedom Act (FFA) is sweeping the Nation.

January 15th, 2010 Leave a comment Go to comments

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.

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  1. Wayne J Behrle
    December 3rd, 2009 at 12:57 | #1

    Wayne J. Behrle
    5774 Hillside Drive
    Doraville, Georgia 30340
    770-242-1832
    LORD M0NCKT0N’S WARNING To AMERICA
    “So, thank you, America. You were the beacon of freedom in the world. It is a privilege merely to stand on this soil of freedom while it is still free. But, in the next few weeks, unless you stop it, your president will sign your freedom, your democracy, and your humanity away forever. And neither you nor any subsequent government you may elect will have any power whatsoever to take it back. That is how serious it is. I’ve read the treaty. I’ve seen this stuff about (world) government and climate debt and enforcement. They are going to do this to you whether you like it or not.

    But, I think it is here, here in your great nation, which I so love and I so admire — it is here that perhaps, at this eleventh hour, at the fifty-ninth minute and fifty-ninth second, you will rise up and you will stop your president from signing that dreadful treaty, that purposeless treaty. For there is no problem with climate and, even if there were, an economic treaty does nothing to (help) it.” Lord Christopher Monckton, former science advisor to British Prime Minister Margaret Thatcher before the Minnesota Free Market Institute, October14, 2009

    (This is a Fax sent on 12/03/2009 to:) Senator Chambliss:
    It has been my pleasure to be one of your supporters for many years.
    However I was stunned when I found out that both you and Senator Isakson had voted for the Radically Anti-Gun Eric Holder for Attorney General. There had been a full discussion of Mr. Holders anti-gun past before the vote so it was not a secret!

    Now to the reason for this letter:
    President Obama is determined to ratify the Climate Change Treaty together with domestic version for the same purpose called Cap and Trade. The purpose of these treaty/laws is not to help the environment, as stated, but rather to allow the formation of a UN World Government and to facilitate it’s domination over the United States of America!
    This UN World Government would usurp the role of governing body over the United States of America and it’s Citizens.

    Article III Section 3 of the CONSTITUTION OF THE UNITED STATES Defines TREASON as:
    Treason against the United States shall consist only in LEVYING WAR AGAINST, OR IN ADHERING TO THEIR ENEMIES, GIVING THEM AID AND COMFORT.
    Aiding President Obama by ratifying these Traitorous Treaty/Laws is High Treason against the Government of the United States of America and the Citizens thereof.
    President Obama and former Presidents Bush and Clinton seem to have the view that the American people are like the European people which just roll over and make do with whatever form of government comes their way!
    But I submit to you that the American people are indeed quite different in that their forefathers were fighters, Men & Woman of great courage, which left the country of their birth and which endured great hardship to come to America where they, by the grace of God, Built a future for themselves and their families.
    A good sign is that 7 Million people went for background checks in order to purchase guns during the first 100 days of 2009. More than one gun can be purchased from the same dealer with a single background check so it is almost certain that this translates into the purchase of 10 to 15 million or more guns!
    Over 329 days have now passed in this ever more grave situation. So it is again almost certain that the number of guns purchased in 2009 alone is 32 million “32,000,000 to 49 million “49,000,000 guns! “ Praise God!

    WHY?! Because these guns, in addition to the at least 120,000,000 already owned by Americans can be used to defend the United States of America from the take over by the UN World Government and it’s traitorous allies around the World and here in the United States of America.

    Also of note: I understand that some ammunition manufactures are running around the clock shifts to keep up with the massive purchases of ammunition by the American people. GOOD!!!

    With 152 to 169 Million guns and at just 400 rounds per gun, some have many thousands, that equals 60,800,000,000 to 67,600,000,000 60 to 67 Billion bullets to use in the upcoming WAR!!

    Now it is certain that some of the people involved in the take over plot have deluded themselves into believing that the American People are just stocking up and that they will just try to hide the guns from the Government when they come to take them.

    BALONEY!!! The American People are preparing to fight for Freedom and to preserve the United States of America.

    If I read this situation right and I believe that I do and Congress goes ahead with this attempt to overthrow our United States Government which is FOR AND BY THE PEOPLE.

    I believe that in very short order there will be well over 1 million men armed with guns and carrying ropes headed for Washington D.C. to take care of business!!!
    May God Save America !!

    Senator Chambliss please distribute this letter to as many people on both sides of the isle as you can. You could help save them from a great tragedy.
    Sincerely, Wayne J. Behrle

  2. December 9th, 2009 at 10:03 | #2

    Dear Brothers and Sisters, Sons and Daughters of Liberty,

    There are only two types of human beings.

    One type just wants everyone to leave everyone else alone and these humans are students and advocates of the Philosophically Mature Non-Aggression Principle.

    The other type refuses to leave others alone and these humans are the Mobocracy Looter Minions with their hords of bureaucrats, jackboots, and mercenaries that perpetuate the perpetration of the loot and booty gravy-train. Rob-peter-to-buy-paul’s-vote bread and circuses of the doomed Amerikan Empire.

    You are either the one…or the other.

    The John Galt Solution of Starving The Monkeys is the only solution. Stop funding and forging your own chains and shackles. What are you leaving for your children, grandchildren, and humanity!?!

    The Mobocracy Looter Minions must be allowed to consume everything around them, then each other, and finally themselves. There is no other way. Ayn Rand wrote about it over fifty years ago and it rings as soundly today as it did then.

    Get your copy of Starving The Monkeys by Tom Baugh today, before the book is banned and the author is hunted down and Vince Fostered!

    Sincerely,
    John and Dagny Galt
    Atlas Shrugged, Owner’s Manual For The Universe!(tm)

    http://www.starvingthemonkeys.com/

    http://voluntaryist.com/fundamentals/introduction.php

    http://marcstevens.net/

    http://www.freedomainradio.com/

    .

  3. ROBERT DICKENS
    December 9th, 2009 at 12:46 | #3

    WE HAVE LET THE GOV. GO TO FAR IT IS TIME TO LET THEM KNOW THAT WE PUT THEM IN TO HELP US NOT HANG US

  4. John
    December 10th, 2009 at 16:27 | #4

    We need to get the county sheriffs on board. Only the sheriff has the legal authority over the feds and can throw these zeolites out of the county and effectively out of the State. Right or wrong these people in government are bullies and will force themselves upon us. We need to jail these criminals when they come into the county, forcing unconstitutional law on the people.

  5. December 19th, 2009 at 10:28 | #5

    12-19-09 As Kentucky state coordinator for the Second Amendment March (www.secondamendmentmarch.com) I want to let eveyone in the Commonwealth of Kentucky know that there has been a bill pre-filed by representative Stan Lee, BR-348 (HB-87), commonly called the Kentucky Firearms Freedom Act. You must contact your legislator and insist they sign on as a co-sponsor of this bill. The more co-sponsors a bill has when introduced, the better the chance it will move through the legislative process and be brought to the floor for a vote. We need to put our representatives on record, whether they are going to support our right to keep and bear arms or not. You can also make plans to attend our Kentucky Gun Rights Rally at the state capital building grounds in Frankfort March 27, 2010 from 1-4 pm. Speakers, vendors, info on how to protct your rights, etc.

  6. December 22nd, 2009 at 12:16 | #6

    There is a bill in Wyoming. As soon as I have a bill number I’ll post it here. The draft is a straight copy of the Montana language, without Gary’s two suggested improvements. Film at 11.

  7. December 29th, 2009 at 15:29 | #7

    Dear Brothers and Sisters, Sons and Daughters of Liberty,

    There are only two types of human beings.

    One type just wants everyone to leave everyone else alone and these humans are students and advocates of the Philosophically Mature Non-Aggression Principle.

    The other type refuses to leave others alone and these humans are the Mobocracy Looter Minions with their hords of bureaucrats, jackboots, and mercenaries that perpetuate the perpetration of the loot and booty gravy-train. Please help us and yourselves by ending the rob-peter-to-buy-paul’s-vote bread and circuses of the doomed Amerikan Empire.

    You are either the one…or the other.

    The John Galt Solution of Starving The Monkeys is the only solution. Stop funding and forging your own chains and shackles. What are you leaving for your children, grandchildren, and humanity!?!

    The Mobocracy Looter Minions must be allowed to consume everything around them, then each other, and finally themselves. There is no other way. Ayn Rand wrote about it over fifty years ago and it rings as soundly today as it did then.

    Get your copy of Starving The Monkeys by Tom Baugh today, before the book is banned and the author is hunted down and Vince Fostered!

    Sincerely,
    John and Dagny Galt
    Atlas Shrugged, Owner’s Manual For The Universe!(tm)

    http://www.starvingthemonkeys.com/

    http://voluntaryist.com/fundamentals/introduction.php

    http://marcstevens.net/

    http://www.freedomainradio.com/

    .

  8. mac
    January 1st, 2010 at 11:04 | #8

    Guys: Sorry, but the Supreme Court has already ruled on this stuff in Raich v. Gonzalez. Long story short: If it is a fungible commodity (on that can be moved across state lines – even just in theory) then it falls under interstate commerce – even if it is a black market. So, the potential that someone – anyone at any one time – would take one of the guns across state lines raises it to a level that allows federal intervention. This is what the Court has said on this issue. Will they change their minds? Who knows.

  9. Heidi
    January 1st, 2010 at 11:26 | #9

    I like the following exerpt from a Michael Boldin article/commentary today. Michael Boldin is the founder of the 10TH AMENDMENT CENTER:

    Unlike many other states that are considering Firearms Freedom Acts (FFA), the New Hampshire legislation includes official sanctions on any state or federal official violating the law, if adopted.

    State Agents:

    Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.

    Federal Agents:

    Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony. (emphasis added)

  10. RDH
    January 3rd, 2010 at 19:07 | #10

    IIRC, part of the “fungibility” argument in Raich depended not only on the immediacy for the potential of interstate transfer, but on the inability to identify the origin of the commodity (in that case, marijuana) and the attendant difficulties this posed for law enforcement.

    The contrary argument that FFA proponents appear to raise is that these are clearly marked, serial numbered items directly subject to intrastate control and law enforcement. Further, an FFA firearm crossing state lines could immediately be recognized as contraband under Federal law, whether its identification stamp had been retained, altered or obliterated.

    A second point likely to be made speaks to the impact on interstate commerce at large. In Raich, marijuana was held forth as a highly dangerous substance that could, merely by being bought and sold, cause significant harm to interstate commerce. While the same arguments are likely to be made regarding firearms covered by the FFAs, there is exceedingly little evidence that similar items in the National Firearms Act registry (and regulated by the BATFE) pose a significant risk to either public safety or commerce. Assuming a similar effort on the part of the State, a similar lack of danger should be realized.

    That said, it seems unlikely to me that the FFA movement will survive contact with the judiciary. I applaud the effort, but even a casual glance at the recent decisions of this Court does not predispose one to optimism in matters of State’s and individual rights.

  11. Glen
    January 4th, 2010 at 11:23 | #11

    mac :
    Guys: Sorry, but the Supreme Court has already ruled on this stuff in Raich v. Gonzalez. Long story short: If it is a fungible commodity (on that can be moved across state lines – even just in theory) then it falls under interstate commerce – even if it is a black market. So, the potential that someone – anyone at any one time – would take one of the guns across state lines raises it to a level that allows federal intervention. This is what the Court has said on this issue. Will they change their minds? Who knows.

    You just don’t get it. That’s what all of this stuff is about.

  12. January 6th, 2010 at 13:03 | #12

    Early Americans mistrust of government power came from the colonial experience itself. Most historians
    believe that the pivotal event was the Stamp Act which the English Parliament passed in 1765. Taxes were imposed on every legal and business document like Newspapers, books and pamphlets.
    Even more than the taxes themselves, the Americans resented the fact that a distant government imposed the taxes without representation in the British government.. The Early Americans were further enraged on how the Stamp Act was enforced through the efforts of British customs inspectors. Armed with Parliament issued “writs of assistance” British customs inspectors entered people’s homes regardless of having had no evidence of a Stamp Act violation. The British customs inspectors ransacked the people’s possessions in search of contraband. The colonialists came to hate the enforcement procedures of the British customs inspectors. From these experiences of the British customs inspector enforcing the Stamp act taught the early American colonialist the exclusivity of power and liberty as natural enemies. The British customs inspector’s “warrantless” searches became a rallying point towards the opposition of aristocratic government rule.
    A Federal Government Republic is a representative government that operates starting at local people organization and districts and ends at the executive branch.
    The Framers of the Constitution created a scientific mathematical model which uses numeration and the 10th amendment is actually a theorem which states rules that have to be adhered to.
    The book “10th amendment secures a republic form Of government!!!” describes the 10th Amendment rules that must be adhere to in order to preserve a Republic form of government. If these rules are broken, then the government reverts to a non Republic form of government violating the 10th amendment which is the last Amendment in the Bill of Rights.
    The 10th Amendment has never been made sense of before.
    Other topics are discussed such as mob rule leading to violating the 10th Amendment.
    Autherhouse is publishing the book.
    Daniel H Marchi

    Thanks for your email on the 10th Amendment. I am a co sponsor of the bill in the Minn. House. Dean Urdahl
    State Representative, District 18B; 237 State Office Bldg 100 The Rev. Dr. Martin Luther King Jr. Blvd
    St. Paul, MN 55155; Phone: 651-296-4344; Fax:651-296-1478

    In case anyone actually wants to see the book’s Amazon.com page:
    http://www.amazon.com/gp/product/1438917317?ie=UTF8&tag=timhorrigan-20
    Mr Marchi’s book “17th Amendment…Rescind!!!” is actually about going back to having state legislatures appoint US Senators. I don’t see such an amendment coming down the pike, but ya never know.
    Thanks,. NH Rep. Timothy Horrigan

    Dear Mr. Marchione: Thank you for your e-mail message regarding the
    10th Amendment. I appreciated hearing from you.
    Regards, Richard LeBlanc; Michigan State Representative; 18th District – Westland

    Thank you for this information. TN State Senator Bo Watson

    That is why we are pushing so hard to get our Sovereignty (10th amendment) Resolution passed!
    The Rally for Freedom is January 9th from 1pm to 3pm at the Statehouse!!
    Shane Martin; SC State Senator – District 13; Greenville, Spartanburg, and Union Counties

    Thank you for sharing with Senator Folmer your concerns with the federal government and its failure to follow the principles of the 10th Amendment to the United States Constitution.
    Senator Folmer shares your concerns, which is why he sponsored Pennsylvania Senate Resolution 51, which calls upon the federal government to respect the sovereignty of the states under the 10th Amendment. Senator Folmer hopes that SR 51 will be considered by the full Senate when it returns to voting session shortly.
    In the interim, thank you for taking the time to contact Senator Folmer on this important issue.
    Marie Tribioli

    I am planning to present a resolution in the Idaho legislature to repeal the 17th
    amendment. It would be great if other states would too. Representative Janice mcGeachin
    Janice,
    All you have to do is to rescind the 17th amendment which is describe in book “Rescind the 17th Amendment!!!” and your state would get rid of the 17th amendment. Your State Legislature has to use the 10th amendment to get rid of the 17th amendment; therefore, your state gets rid of he 17th amendment. This is the beauty of the 10th amendment. This method is explained in the “Rescind the 17th Amendment!!” book. That is how easy it is how easy for a state to get rid of the 17th amendment. Further more, when 75% of the states do the same, then the 17th Amendment would automatically be repealed.
    Yours truly,
    Daniel Marchi

  13. Mike
    January 6th, 2010 at 13:43 | #13

    I think Montana should consider amending the current law to add this. We could learn something from N.H. I law without teeth is just a suggestion. This little addition makes me want to move (back) to N.H.

    “copied from a post in the tenth amendment center”

    Unlike many other states that are considering Firearms Freedom Acts (FFA), the New Hampshire legislation includes official sanctions on any state or federal official violating the law, if adopted.

    State Agents:

    Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.

    Federal Agents:

    Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony. (emphasis added)

  14. Amy
    January 14th, 2010 at 05:47 | #14

    @Mike
    Mike,
    Not so quick the State legislature is trying to ban guns in all public places check HB1635 and HB1654 that is trying to get through. I live in NH and I love it, and I never thought NH would try to ban guns from all public places, but I and alot of other people are fighting this right now.Check the Concord Monitor dated January 12th 2010 front page article and not just because I’m on it with sign in front of my face..LOL

  15. Guy Hulsey
    January 15th, 2010 at 17:47 | #15

    Just a note, Today I received notice that Rep. Lewis Moore of Oklahoma has filed legislation, House Bill 2884, which creates the “Oklahoma Firearms Freedom Act,” which declares that a “personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
    Lets let everyone know that this needs to pass in Oklahoma.
    Guy

  16. January 17th, 2010 at 23:28 | #16

    Washington’s on it. Help us spread the word!!!

    http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2709&year=2009

  17. Quinn Frederickson
    January 20th, 2010 at 21:49 | #17

    How do I get a copy of this bill -Firearms Freedom Act? Thanks for your assistance

  18. David
    January 20th, 2010 at 22:38 | #18

    I don’t know how to say this, but I don’t think anyone really understands what the 2nd Amendment says.

    “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

    To be succinct, it says the Government is without authority to enact legislation regulating firearms. Any legislation would be an infringment, therefore it is without the Governments authority to enact legislation either directly or indirectly concerning firearms.

    What I believe the people need is, is a declaration (Statute/constitutional amendment) asserting that the regulation of firearms is unconstitutional, and any legislation either federal or state in null and void as it is unconstitutional.

  19. Fred
    January 20th, 2010 at 23:09 | #19

    My question is why does the gun have to be manufactured in that state? There are no good manufacturers in my state.

  20. Fred
    January 20th, 2010 at 23:10 | #20

    Amen , I’m an Okie.@Guy Hulsey

  21. David
    January 21st, 2010 at 20:38 | #21

    @Glen

    Well that’s the kicker isn’t it, getting the SC to hear the issue you want them to hear.

    Now take the 9th Amendment:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    now if you were to apply that concept to the 2nd Amendment:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    It would appear to me, that the Government cannot use the Commerce Clause or any other Clause to infringe upon the 2nd amendment. The Government is clearly without the Constitutional Authority to legislate anything, respecting the publics right to own firearms.

  22. David
    January 21st, 2010 at 20:40 | #22

    @mac

    Well that’s the kicker isn’t it, getting the SC to hear the issue you want them to hear.

    Now take the 9th Amendment:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    now if you were to apply that concept to the 2nd Amendment:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    It would appear to me, that the Government cannot use the Commerce Clause or any other Clause to infringe upon the 2nd amendment. The Government is clearly without the Constitutional Authority to legislate anything, respecting the publics right to own firearms.

  23. David Heikkila
    January 22nd, 2010 at 08:09 | #23

    Comment on Mac post…

    Guys: Sorry, but the Supreme Court has already ruled on this stuff in Raich v. Gonzalez. Long story short: If it is a fungible commodity (on that can be moved across state lines – even just in theory) then it falls under interstate commerce – even if it is a black market. So, the potential that someone – anyone at any one time – would take one of the guns across state lines raises it to a level that allows federal intervention. This is what the Court has said on this issue. Will they change their minds? Who knows.

    Does not Article IV of the Articles of Confederation prove this case wrong?

    …the free inhabitants of each of these states,..shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectfully, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the Owner is an inhabitant;…

    As there is no mention of property “manufactured” in said state, could that property also be removed, without restriction? Also, does this Article say, there shall be no non-resident fees for hunting or fishing in any state, “subject to the same duties, impositions and restrictions clause?”

    Dave Heikkila

  24. January 24th, 2010 at 15:34 | #24

    Washington State is out of the picture for a firearm freedom act at this point. In fact they have introduced a bill that makes California gun laws look like Montana.

  25. Ron
    January 26th, 2010 at 07:06 | #25

    What is the risk that the individual states could eventually turn this around and say that a “personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in (your state) and that remains within the borders of (your state) is not subject to federal law or federal regulation”, and that includes 2nd Amendment protection?

  26. Statesman
    February 3rd, 2010 at 11:31 | #26

    Sorry, the Supremacy Clause of the U.S. Constitution only applies to “constitutional” actions of the federal government. If states pass their own versions of FFA, declaring those actions unconstitutional, then this is nullification of federal law. The federal government will have to make the politically risky decision of moving in on states and enforcing their laws against the states will.

    If it takes a constitutional amendment, then it will come to pass.

    See http://www.tenthamendmentcenter.com/2010/01/28/nullification-its-official/

    There is already precedent for state nullification: RealID, state medical marijuana laws, and now states are nullifying mandatory health insurance.

    mac :
    Guys: Sorry, but the Supreme Court has already ruled on this stuff in Raich v. Gonzalez. Long story short: If it is a fungible commodity (on that can be moved across state lines – even just in theory) then it falls under interstate commerce – even if it is a black market. So, the potential that someone – anyone at any one time – would take one of the guns across state lines raises it to a level that allows federal intervention. This is what the Court has said on this issue. Will they change their minds? Who knows.

  27. February 3rd, 2010 at 12:05 | #27

    “…The strongst reason for the people to retain the right to bear arms; is as a last resort to protect themselves against tyranny in government!”
    Thomas Jefferson.
    There are crimminals that have “highjacked” our U.S. Government who should be arrested for their efforts to destroy the 2ND Amendment of the United States. Today, in 2010 we the people have no respresentation, period. These individuals have never had an America, never had a U.S. Constitution; they are the enemies that our founders warned us about that would come if we the people are not vigilant.

  28. A. N. Mouse
    February 4th, 2010 at 17:43 | #28

    Just wanted to let those who are interested that the FFA bill in Arizona has passed the committee.

    It is S1098.

    http://azcapitoltimes.com/blog/2010/02/02/two-gun-bills-passed-by-senate-panel/

  29. A. N. Mouse
    February 4th, 2010 at 17:44 | #29

    @A. N. Mouse
    Please insert “know” where required.

  30. jpc
    February 5th, 2010 at 15:52 | #30

    One question that pops into my head everytime i hear about the FFA in Montana is “Where the hell can I find and buy MONTANA MADE firearms???” The bitterroot valley has plenty of gun shops, some smiths, but no manufacturers…can’t find any manufacturers anywhere else in this state. Where are they???

    @Wayne J Behrle

  31. JD
    February 11th, 2010 at 02:17 | #31

    It seems there is a boilerplate version of this law making its rounds through state legislatures. Who wrote it, and why does it exclude NFA weapons? Why are states conceding from the get-go that the feds have authority over some weapons? Make no sense.

    BTW, whatever non-gunnie decided to label full auto firearms in the boilerplate bill thusly shot us all in the foot:

    4. A firearm that discharges two or more projectiles with one
    activation of the trigger or other firing device.

    Ever hear of a shotgun? Shotshell cartridges for many handgun rounds, whether factory produced or handloaded? Sabots? Or, for that matter, most any firearm is *capable* of discharging “two or more projectiles” with each pull of the trigger. Not very smart with the wording there.

    But again, why exempt full autos or any other type of fed-declared NFA weapon when the idea is to assert the idea that the feds have no control over what happens intrastate?

  32. donny039
    February 14th, 2010 at 22:33 | #32

    This is great news and I wish the states the best of luck, I also hope my home state of MI gets on board. BUT ………….

    The feds dont have power over firearms and ammuntion that are made in one state and never leave the state already, provided the guns and or ammunition are made for personal use … the feds require a licenese if these items would be sold to the public.

    When this ends up in court the feds will take the same position that they originally took the first time around which gave them jusrisdiction in the first place through the commerce clause, that being that firearms have a likely hood to travel in interstate commerce at some point …. Machineguns and other NFA items are regulated and the feds have jurisdiction over them even if they have never traveled in interstate commerce because they claim there is a high probability that they will travel in interstate commerce at some point!

    How are the states going to defend the position that these in state made firearms, firearm accessories and or ammunition will stay or “retain” in the original state and never travel in interstate commerce?

    If someone who owns one of these rifles moves out of state they would surely bring there made in MT or made in TN firearm with them to the new state … One of these in state firearms could be sold to a resident to another state … one of these in tate firearms could be stolen and brought to a differant state … All of these scenarios would involve interstate commerce or the likely hood of interstate commerce.

    Remember the fed’s get there power over firearms now from the interstate commerce clause, and federal courts have upheld and will contine to uphold that the firearm only has to affect commerce … meaning if the firearm moved across a state line ever then its under the jurisdiction of the feds, even if that gun moved across a state line only once and that happened 100 years ago.

    I hope you win but I dont see it happening! Sorry!

  33. Jeff M.
    February 19th, 2010 at 13:33 | #33

    Is it possible to utilize both the 9th and 10th Amendments to challenge directly the ‘rationalized’ commerce clause as it has NO purpose in assessing taxes for being applied ONLY to the designated Constitutional Limits assigned to the Federal Government? I believe this would only require 2/3’s of the States to promote a Constitutional Challenge to prove the Fed has overstepped it’s legal limit. Precisely what may the Fed. collect taxes for, i.e. military, Unified States protection (borders, etc.)? I’m looking specifically at Article 1, sect. 9 where it states…No Tax or Duty shall be laid on Articles exported from any State, as well as the following statement .. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; norshall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Any Constitutional scholars out there that can help clear up the “rationalization” of our Constitution?

  34. Erin W.
    February 23rd, 2010 at 20:23 | #34

    Fred :
    My question is why does the gun have to be manufactured in that state? There are no good manufacturers in my state.

    Because if the gun isn’t made in the state, it has to be shipped over state lines and therefore is subject to interstate commerce/federal regulation.

  35. superg
    February 26th, 2010 at 16:47 | #35

    Utah goes GREEN! Let’s keep the momentum going!

  36. February 27th, 2010 at 00:43 | #36

    Time to change Utah’s color to GREEN! Gov. Gary Herbert signed SB 11 into law today!

  37. BambiB
    February 27th, 2010 at 12:11 | #37

    Utah just passed their FFA.

  38. Michael O’Neill
    February 28th, 2010 at 23:26 | #38

    “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.”

    It has also been introduced in many other states. You should update that paragraph to give them the credit that they deserve :)

  39. brendan cox
    March 1st, 2010 at 06:04 | #39

    @Wayne J Behrle
    thank you for all the info, Wayne. What can I do? Anyone for that matter.

  40. David J
    March 2nd, 2010 at 14:10 | #40

    Does anyone know where up to date information might be found on the case in Montana?

  41. March 2nd, 2010 at 18:04 | #41

    I see that HB28 Freedom Firearms Act #1 was mentioned on this website.

    However I do not see HB95 Freedom Firearms Act #2 mentioned? It is a tougher bill with a defense and penalties clause, the first of it’s kind in the country.
    It passed the 2nd reading in the Senate and if it passes a 3rd will go to the Governor’s desk next.

    HB 28 died in Committee. As it has been all over Wyoming news as well as some National press releases, HB 95 Freedom Firearms Act-2 authored by Rep Allen Jaggi, is the bill people in the State of Wyoming support. As well as Gun Owners of America, Wyoming Gun Owners and Freedom Arms Gun Manufacturer endorsed HB 95 as well. I am very curious as to why a “dead in committee” bill HB28 was linked and mentioned but HB95 was not???? Is it because more “teeth” was added to HB95, rather than HB28???? Even the Tenth Amendment Center has been following the progress of HB95. Part of the reason HB28 died in Committee was the overwhelming support from the residents of Wyoming for HB95 instead; as seen in the thousands of emails sent to Representatives, so many emails in support of HB95 both in state and out of state that it made the news.

    Press Release on KGWN news and interview of Rep Jaggi
    http://www.kgwn.tv/story.aspx?ID=3715&Cat=2

    Link to HB95
    http://legisweb.state.wy.us/2010/Introduced/HB0095.pdf

  42. Confused
    March 4th, 2010 at 10:22 | #42

    I’m confused. This act would have been just as restrictive as what is being proposed by gun regulatory committees. Yeah Montana is saying it will regulate it’s own weapons and munitions internally. With the exception of..

    Section 5. Exceptions. [Section 4] does not apply to:
    (1) a firearm that cannot be carried and used by one person;
    (2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
    (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

    So, my summary of these are:
    1. You can not use a gun any bigger then you can carry.
    2. You can not fire anything much bigger then a .50 cal or a slug.
    3. No explosive tips
    4. No 3-burst mode, or fully auto guns or pistols. Technically this would also include shotguns as more then one projectile will leave the barrel.

    This Act is nothing more then to make waves. Which is fine for me. But it does not scream revolutionary. And it shows that they are concerned with gun control, but if the federal government were to say “no more guns” then the state would be covered.

  43. March 5th, 2010 at 17:42 | #43

    @David J
    SI Defense Kalispell MT

  44. jim33223
    March 6th, 2010 at 11:56 | #44

    Why did they specifically exclude automatic weapons, which are the one firearms that is nearly impossible for most responsible citizens to get? Seems like they went to a lot of trouble just to save $200.00.

  45. robb
    March 8th, 2010 at 12:22 | #45

    Wyoming just passed too:

    The Wyoming Firearms Freedom Act passed the state Senate without objection on Wednesday. Gov. Dave Freudenthal has indicated that he’ll sign the bill into law; two other states, Tennessee and Montana, have previously enacted similar laws.
    Wyoming’s Firearms Freedom Act, though, is harsher than those laws, as it states that any state or federal official who tries to enforce any federal gun law on a firearms made and sold in Wyoming could face a $2,000 fine and up to a year in prison.

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