Firearms Freedom Act - Court Challenge Underway

[MacGyver]

There is a great article on the front page of today's Wall Street Journal highlighting Gary Marbut and his quest to use Montana's Firearms Freedom Act to limit the government's interpretation of the 10th Amendment.

A Gun Activist Takes Aim as U.S. Regulatory Power

Some of you may know that Gary Marbut, the progenitor of the Firearms Freedom Act has designed the Montana Buckaroo, a .22LR chambered rifle to test the case.

I love this quote from the article:

After the state enacted it, he announced plans to manufacture the Buckaroo, a

miniature rifle that is based on an 1899 Winchester model and intended for

children between ages five and 10. Orders, at $200 apiece, poured in. Some came

from lawmakers.

"I have four grandkids on the ground, two more on the way, and my youngest

gets married on June 12th, so I expect results from him by mid-winter,"

Republican State Rep. Krayton Kerns told Mr. Marbut by email last year. "Put me

down for seven with the option to purchase more."

I think I've found my write in candidate for president.

[Glock30]

I read that last night. WSJ has been running several good firearm-related articles as of late.

[DaveTN]

Takes a lot of guts, he could very easily end up in prison manufacturing firearms without a license. (I assume he doesn’t have a license.)

[MacGyver]

Takes a lot of guts, he could very easily end up in prison manufacturing firearms without a license. (I assume he doesn’t have a license.)

Yeah, I would be curious as to whether he's made more than one, and would expect he's not delivered any.

[MacGyver]

After some further research, he's "entered into a contract to produce and deliver" a single rifle. He's got a 500 customer waiting list if he wins. Too bad he's in front of the Ninth Circuit Court of Appeals. I can't think of an unfriendlier venue. At least he'll have reason to appeal to the Supreme Court.

[JayC]

Takes a lot of guts, he could very easily end up in prison manufacturing firearms without a license. (I assume he doesn’t have a license.)

I don't think he's made any yet... just got a letter from the ATF telling him it would be illegal to make one.

[Worriedman]

I don't think he's made any yet... just got a letter from the ATF telling him it would be illegal to make one.

The ATF should know, they have illegal down pretty well!

[strickj]

Very interesting!

Anyone know if the NRA has released a statement?

The ATF should know, they have illegal down pretty well!

[MacGyver]

Very interesting!

Anyone know if the NRA has released a statement?

The NRA, oddly has pretty much steered clear of this one. Something about this being a 10th Amendment case, not a 2nd Amendment one.

I get it, I guess, but it seems like this guy can use all the people he can get in his corner. Hopefully they'll at least file a Friend of the Court brief.

[DaveTN]

Anyone know if the NRA has released a statement?

This guy quit the NRA and started his own group.

The NRA is worthless. IMHO of course.

[Warbird]

This guy quit the NRA and started his own group.

The NRA is worthless. IMHO of course.

You are incorrect with that statement. They are still affiliated with the NRA. That said state based groups and a national group do not always see eye to eye on everything either. Kansas State rifle association in 08 endorsed a republican candidate in a primary, when the NRA would not. There are many instances of this. That's jut the way it works.

Yeah the NRA is worthless and hasn't done anything for your gun rights in Tennessee or anyplace else.

Yeah the NRA had nothing to do with all of the other previous court victories. Just because they do not get involved with something you think they should does not justify calling them worthless. My guess based on reading a lot of your posts is that you love to sit on the side and criticize, yet you never enter yourself in the arena. You like to armchair quarterback. Then again as you say that is your opinion. The NRA like any other group has its negatives, I know them all too well. Better I wager than anyone you personally know. But calling them worthless is an absurdity.

[MacGyver]

The NRA has great things to say about Mr. Marbut personally as well as his book.

The NRA has had their success by staying narrowly focused on pure 2nd Amendment issues. While I would relish the firearms related benefits a win in this case would mean for the citizens of Tennessee, it is a case designed purely to reign in the Fed's Unconstitutional interpretation of the 10th Amendment. This case is way bigger than gun issues alone, and may be a defining moment in our citizens/states taking back power from the Fed.

I wouldn't want to argue one Amendment's priority over another, and can understand why the NRA is hesitant to get involved here when they've already got several cases that they are involved with making their way to the Supreme Court. We all stand to benefit from both of these individual tracks. And, whether you're a fan of the NRA or not, we have all benefited from their activism - as dysfunctional as it may be sometimes.

I do hope they'll file an amicus brief in this case. Gary Marbut's going to have the whole of the entrenched Washington establishment coming after him. I expect he could use all the friends he can get.

Edited July 15, 2011 by MacGyver

[Warbird]

The NRA has great things to say about Mr. Marbut personally as well as his book.

The NRA has had their success by staying narrowly focused on pure 2nd Amendment issues. While I would relish the firearms related benefits a win in this case would mean for the citizens of Tennessee, it is a case designed purely to reign in the Fed's Unconstitutional interpretation of the 10th Amendment. This case is way bigger than gun issues alone, and may be a defining moment in our citizens/states taking back power from the Fed.

I wouldn't want to argue one Amendment's priority over another, and can understand why the NRA is hesitant to get involved here when they already got several cases that they are involved with making their way to the Supreme Court. We all stand to benefit from both of these individual tracks. And, whether you're a fan of the NRA or not, we have all benefited from their activism - as dysfunctional as it may be sometimes.

I do hope they'll file an amicus brief in this case. Gary Marbut's going to have the whole of the entrenched Washington establishment coming after him. I expect he could use all the friends he can get.

I suspect he will have many organizations out there lining up on his side, The Federalists Society being just one. The ramifications of that case could be enormous. I wish him well in his endeavor.

[Defender]

The NRA has great things to say about Mr. Marbut personally as well as his book.

The NRA has had their success by staying narrowly focused on pure 2nd Amendment issues. While I would relish the firearms related benefits a win in this case would mean for the citizens of Tennessee, it is a case designed purely to reign in the Fed's Unconstitutional interpretation of the 10th Amendment. This case is way bigger than gun issues alone, and may be a defining moment in our citizens/states taking back power from the Fed.

I wouldn't want to argue one Amendment's priority over another, and can understand why the NRA is hesitant to get involved here when they've already got several cases that they are involved with making their way to the Supreme Court. We all stand to benefit from both of these individual tracks. And, whether you're a fan of the NRA or not, we have all benefited from their activism - as dysfunctional as it may be sometimes.

I do hope they'll file an amicus brief in this case. Gary Marbut's going to have the whole of the entrenched Washington establishment coming after him. I expect he could use all the friends he can get.

I agree. NRA isn't the best thing since sliced bread, but they do a lot of good. Probably more on a National level than any other 2nd Amendment group. I get mad at them sometimes myself, but I have to remind myself that they are a single issue (2nd A) based organization.

About this having the potential to be a defining moment for states rights...I was just telling a friend that very same thing yesterday. I'm not sure it will pan out that way, but it could. Depends on how far it goes....I'm sure the Federal Appeals court will side with the government's position. The Supreme Court, which I think WILL hear this case, is a different animal! And I have NO idea which way they will go. But even if it goes against Montana, if they do go to Plan B - Sheriffs First, and arrest US agents trying to override Montana law...well that could well be the beginnning of a real revolution. Just think, how far will the feds go to enforce their law over a state’s law...they will certainly send in Federal agents...ATF, US Marshalls, etc, but if they are then arrested by local Sheriffs, what then? Send MORE federal agents? I think this has the potential to escalate quite rapidly...I can see other states sending in local law enforcement to assist, and also Montana deputizing others to fight this...eventually the feds would be forced to make a major decision, i.e. military troops. And if that happens, it’s over. Absent a foreign invasion on US soil, I can think of nothing that would galvanize the population like using the military like that. Not to mention, it could well result in a mutiny or even a coup by senior military leadership.

Okay, NOW I’ll take off my tinfoil hat. Will it happen? Doubt it. Could it happen. I think possibly. Let’s hope that the Feds quietly back off.

[Worriedman]

Federal Government will simply withhold funds, there will be no fisticuffs.

[Guest WyattEarp]

I feel inspired after reading that. Shows that win, lose or draw, the little guy can still have a voice and be heard, even if he is not accepted.

[DaveTN]

But even if it goes against Montana, if they do go to Plan B - Sheriffs First, and arrest US agents trying to override Montana law...well that could well be the beginnning of a real revolution. Just think, how far will the feds go to enforce their law over a state’s law...they will certainly send in Federal agents...ATF, US Marshalls, etc, but if they are then arrested by local Sheriffs, what then? Send MORE federal agents?

Wake up you’re dreaming.

Real cops will never go for that, all you’ll have happen is some hot headed sheriffs or Deputies lose their jobs and end up in jail.

Sorry…. No revolution.

[Dolomite_supafly]

Besides most LE would side with other LE, even if they were feds, over civilians.

Dolomite

[Worriedman]

Besides most LE would side with other LE, even if they were feds, over civilians.

Dolomite

Even if the push were unconstitutional?

US~Observer - Gil Gilbertson Sheriff of and for the People

"As the CLEO of this County, elected by the citizens, saddled with the expectation and responsibility to safeguard their rights I fully intend to uphold the laws against any threat, inappropriate or unlawful actions against them. The citizens of this County are complaining about unfair treatment and harassment by the federal government LEOs."

Edited July 25, 2011 by Worriedman

[DaveTN]

Even if the push were unconstitutional?

We have courts to decide what’s Constitutional. You can’t make a Constitutional argument and then throw the Constitution by the wayside.

There may be a few nut cases wearing badges; but I doubt enough to cause much of a problem.