Montana Defies Feds on Guns, Ammo, Silencers and Other Accessories

I was quite impressed that the words were finally articulated by Judge Andrew Napolitano at Campaign For Liberty’s rally in St. Louis in March regarding the second amendment:

If a politician tells you that he’s in favour of the Second Amendment because he’s a hunter – he is no friend of the Second Amendment. Here is the dirty little secret of the Second Amendment that you never learned in public schools. The Second Amendment was written to give you the right to shoot at the government when it becomes a tyranny.

Now the Democratic governor of Montana has signed into law an incredible attempt to erode the power of the Federal Government as it applies to gun laws. Let me just lay it out from the bill:

A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce...

What this functionally means is that items that the federal government loves to regulate and prohibit: handguns, silencers, ammunition, scopes and so on – would be perfectly legal in Montana and exempt from requirements to engage the Federal framework of registration.

Montana’s argument is sound – those items which are made in Montana for use in Montana are not being involved in “interstate commerce.” That small clause of the constitution which lies at the heart of many federal laws, including drug laws, alcohol laws, transportation laws and firearms laws among other things is being directly challenged by this legislation.

Attempts like this with medical marijuana have promoted Federal officials to react by performing armed raids of citizens in California, for example. Aside from the aggression on behalf of the federal agents – these confrontations generally were non-violent. However a very different scenario is now set up in Montana.

Gun loving people in the state are going to take advantage of this law. They are going to buy silencers, ammunition and guns – and a percentage of these are going to be willing to put Judge Napolitano’s words into action. A federal raid on gun-loving, moderately anti-government individuals may very well result in violence.

Unfortunately, this is the inevitable result of an aggressively growing central government that has run out of external enemies to prosecute. Those enemies of the state begin to be revealed from within. Average people, who merely want to keep the means to defend themselves or even exercise their rights of bearing arms may risk violent interaction with Federal agents in Montana.

EDIT: Looks like Tennessee is also on board.

You may also be interested in:

  1. Links: Feds to “Protect” Feelings By Regulating Speech
  2. Government Motors Silently Watches While Feds and Media Take Out Its Chief Competitor
  3. Red Light Cameras: Big Brother’s Backfire
  4. Thoughts on the American Gun Control Debate

64 Responses to “Montana Defies Feds on Guns, Ammo, Silencers and Other Accessories”


  • I think Montana as a sovereingh state has the power to secede from the Union, the power to abolish the 2nd amendment, the US Constitution, and the power to secede from planet Earth if it wants

  • Mr Patterson is right. Title 2 and 3 stuff (silencers, machine guns, all that kind of stuff) is registered with the ATFE…and it is indeed a tax stamp. Oh by the way, lots of restrictive administrative folderal, but still a tax. Good, good point. Fed definitely certainly does have the power to do that.

    Doesn’t mean Montana still ain’t got the right to tell the feds to take a leap, though (which really is all that this is – a “political gesture”). Some poor misguided Joe is going to get nailed to the wall in the test case, though.

  • Just remember Ben Franklin’s quote… ‘DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR DINNER. LIBERTY IS A WELL-ARMED LAMB CONTESTING THE VOTE

  • Here’s an interesting aside:

    IF Montana ever decided to secede from the Union — and, depending on who you talk to, Montana thinks about it every so often — it would immediately become the fourth largest nuclear power in the world. (There are a LOT of Minuteman missile sites scattered across that state.)

    Gives a whole new meaning to the State vs Fed firearms argument.

    My money’s on Montana. Go Big Sky.

  • Of course those bases are all manned by military personnel loyal to the federal government who wouldn’t turned weapons over to traitors.

  • Jasen, why wouldn’t they? Look how the vets get screwed from almost every war they’ve fought in.

  • I’m moving to Montana in 57 days, yes I’m counting the days. I’m living on the control grid and it reminds me of a giant prison. Anyways, I’ve saved for a true Montana rifle for home safety, Montana Freedom Defenders, and hunting…live free or die!

  • Montana Man

    If you support our state I thank you, but please stay the hell out. We have enough wacko’s all on our own we don’t need yours. Oh and we’ll never fallow the federal law anyway, every one forgets that Montana has an extensive history of subversion. If you make an activity that we love illegal we’ll just take it underground. We always have and always will, from booze to broads and gambling we do what we want. Montana was once a major corridor for moonshine and whiskey smuggling and western state organized crime practically originated here in 1860′s with the corrupt sheriff Hennrey Plummer in what became Virgina city. He had over 100 murders credited to him and his men. To all outward apperances we Montanan’s seem welcoming and warm but underneath we are nearly to the native man (and I don’t mean Indian I mean born in Montana) wherry of out-of-stater’s and their influence. Most of us are type-A personalities that more than a little passive aggressive or just plain asdgr aggressive. Don’t take it to mean we don’t like you we do, just stay the asdf out.

  • Dave in Colorado

    Good for Montana. It’s about time the federal government learned that it is a creation of the states, not the other way around. This law should pass as it makes sense. I hope my state and others will follow suit with similar laws. The interstate commerce clause is way over used and needs to be restrained. This is not the way the countries fathers wanted it to be used. Just read their writings. Go Montana.

  • Henry plummer was dancing under the cottonwood trees. He was hung by vigilantes.

  • An armed person is a citizen. An unarmed person is a subject. Government fears citizens, and desires subjects

  • James Walters

    Those of us who come from a military back ground of special force delta force to be precise 1970′s version have had to take many years off from normal life to regain our health. Now for me as my health returns I see that with which we fought against in the 70′s on our own soil have been gaining more ground and are closer to upsetting life as the founding fathers made ready for us. There are still good people in the military or this country would have folded many years ago. There are also those beings that defy our understanding of reality. There are many soldiers who can clam something helped them that cannot be explained by normal logic. Without being religious I would say that there are those beings that refuse to make themselves seen that are helping us for good.
    There are those that do the opposite and to this I say I myself have been a part of some very interesting situations. What happened to George Washington in his days of fighting for freedom? Helped by that which he himself stated as Divine hand of that which is greater then we can understand fully.
    We need help and I do not believe we as humans can fight demons that work in the minds and hearts of heartless people who wish to turn this UNITED STATES OF AMERICA into hell on earth and that includes many in the highest offices on earth.
    But if people stop praying for right and do nothing to stop it hell will come in do course.
    I am not proposing going to church and forgetting common sense. You do not need the bible to tell you that if you find a wallet on the ground find out who’s it is and do not keep the money.
    The bible does have very good things in it as other books on the matter of life do to. Jesus said to be like children and all children without exception wish for happiness and hugs and kisses and something to eat and a warm home and maybe even a kitty.
    As someone from the past delta force, deltas dragon I am not willing to let evil people be led by beings that seem to hate human kind for what ever reason and I know of a few very strong ones to say the least.
    If we must die then the words of a great states man from the 1775′ish period William Penn stand true: FREEDOM IS ETERNAL VIGILANCE. SO BE IT

  • Many people, myself among them, are beginning to look at Montana, and other conservative states willing to take a stand against federal tyranny, as possible future homes. No other time since the Revolution has it been so important for us to make our voices heard. I commend Montana for having the courage to stand up and be counted, and I encourage others, states and individuals alike, to do the same. Do not let the feds control you by making you a slave to federal funding. I would gladly drive on dirt roads if it meant not giving up more of my freedoms to the feds.

  • Libertarian in Seattle

    This brings new hope to my heart, hope which I thought would never return. Count me in! I hope that Wyoming follows suit.

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