The Governor of the State of Montana has penned a letter to the Attorney General Merrick Garland, explaining the State of Montana and its political subdivisions cannot "enforce, or assist the ATF enforcement" of the rule criminalizing the possession of pistol braces as short barreled rifles under the National Firearms Act.
Governor Greg Gianforte refers to House Bill 258, which was passed and signed into law in 2021. From HB 258, now MCA 45-8-368:
Prohibition Of Enforcement
45-8-368. Prohibition of enforcement. (1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal ban on firearms, magazines, or ammunition.
(3) Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) law enforcement activity related to a federal ban; or
(b) the investigation of a violation of a federal ban.
Governor Gianforte informs Attorney General Merrick Garland of the definition of a ban under the law:
Definitions
45-8-367. Definitions. As used in 45-8-365 through 45-8-368, the following definitions apply:
(1) "Federal ban" means a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 1, 2021, that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.
(2) "Firearm" means any self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.
(3) "Peace officer" has the meaning provided in 45-2-101, except that 45-8-365 through 45-8-368 do not apply to federal employees.
(4) "Political subdivision" means a city, town, county, consolidated government, or other political subdivision of the state.
Governor Gianforte then tells AG Garland the State of Montana will not assist the federal government in enforcing the new rule ,which essentially changes pistols equiped with pistol braces into short barreled rifles, requiring a special tax stamp from the ATF.
The power of state governments to refuse to cooperate with federal agencies is a long established principle of the Constitution known as the anti-commandeering doctrine. The federal government may not require the states to enforce federal laws. From the tenthamendmentcenter.com:
State and local governments can refuse to enforce federal laws or implement federal programs for any reason they chose. They can prohibit or limit cooperation with the feds because they think the feds are acting outside of their constitutional limits, or simply because it’s Tuesday and there is snow on the ground.
No state has to use its resources to enforce federal laws. It does not matter if the federal law is constitutional, or not. All that matters is the state has the power to direct the uses of its resources as it sees fit.
Montana has chosen not to enforce new federal gun laws as described in Statute 45-8-368.
©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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4 comments:
Question: Is ATF a government agency? when did any government agency get the authority to do Congress's job and make laws ATF is a government agency has the authority to make rules and regulations for it's employees to follow and comply with , it has no law making authority that citizens are required to obey. Congress must make bump stocks and pistol stock illegal then ATF can enforce that law.
I think there are an awful lot of people that need to get a copy of the constitution and start reading it.
The Progressives started to give legislative authority to government agencies starting with the Wilson administration. President Coolidge restored some constitutional order, then the Progressives Presidents Hoover and Franklin Delano Roosevelt kept expanding the administrative state.
FDR completed a revolution at the Supreme Court and lower courts by appointing Progressive ideological judges. The Court system was dominated by Progressives, at least from 1940 to 2008.
It really does not matter which presidents did what. Presidents have no law making authority, Judges have no law making authority A judges duty is to enforce the constitution as written Not by their opinion of what they would like it to say. There has never been an opinion ratified No one but the citizens can ratify an amendments to the constitution therefore no change of what is physically says is constitutional. Great historical reporting but it only proves how the liberals and Democraps have been trying to destroy our constitution for over 100 years.
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