Click Here to Download the 9/29 BATFE letter re the MFFA

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

Supporters of a first-of-a-kind law in Montana that declared weapons or ammunition made and kept in the state were exempt from federal rules are preparing for a court challenge to the federal government’s insistence it will regulate those items.

Read the rest here

Many conservative Americans and those who still understand and cherish the United States Constitution as the glue that keeps our nation free, cheered at the signing of the Montana Firearms Freedom Act, an act signed by Montana Governor Brian Schweitzer and set to take effect on October 1, 2009. The Act essentially declares that any guns or certain parts manufactured in Montana and remain in Montana are not subject to the strong arm of the federal government. It’s an ambitious battle that could have sweeping consequences for Americans and derail the Statists’ progressive, manipulative, incrementalism aimed at total control over free citizens of this country.

Read the rest of this article at the Black Bear Blog

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.

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Information:    Gary Marbut; 406-549-1252
http://mtssa.org

Alan Gottlieb; 425-454-7012
http://saf.org

Glenn Beck – Youtube

“The Civilist of Wars” 5/19/09

Montana Clip

Bloomfield Press

The Montana Firearms Freedom Act has started a blaze nationwide. People are asking, “Is it real?” It is. It’s now law. I have first hand details in this issue of Page Nine.

Click here to read the rest of the story

CBS

July 21, 2009 2:50 AM

Obama Administration Takes Aim At Gun-Rights Revolt

(CBS)

The Obama administration is raising the stakes in a fight over states’ rights and firearm ownership by arguing that new pro-gun laws in Montana and Tennessee are invalid.

Click here to read the rest of the story

CBS

June 16, 2009 2:57 AM

Gun Rights Groups Plan State-By-State Revolt

(CBS)

Gary Marbut isn’t aiming to eliminate federal gun laws. He just wants to make them much less relevant.

Marbut, president of the Montana Shooting Sports Association, is one of the leaders of a new grassroots movement that’s seeking to invoke the principle of states’ rights — including states’ own authority to regulate firearms — to thwart what he and his allies view as an increasingly overreaching federal government.

Click here to read the rest of the story

Los Angeles Times

By Mark Z. Barabak
June 16, 2009