05 October, 2009

Bureau of Free Speech

Montana's Firearms Freedom Act has gone to court to validate the law that took effect Oct. 1.

The ATF has responded to MSSA association president Gary Marbut. Denver field divsion SAIC Richard Chase responds thus.

If the firearm...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.

Imagine a scenario just as chilling;

If the speech...is of a type that is defined under 26 U.S.C. Section 5845 (i. e., a National Free Speech Act, you will need to file a BFS Form 1, and have it approved by BFS prior to printing or publishing. I note that in Montana HB 246, the definition of free speech includes internet, paper, and broadcast. A broadcaster could come within the definition of a hate enabler under the National Free Speech Act (NFS), and publishing of such, even for personal use, would require filing an BFS Form 1, and approval from BFS.

Your other concern is whether it is permissible under Federal law to print free speech, free speech on the internet, or public speaking to others within Montana. The right to free speech for consumption by others in Montana requires licensure by BFS.

There goes the government sticking it's nose in Montana's business. Good luck Mr Marbut and the state of Montana. h/t to David Codrea

1 comment:

Old NFO said...

It will be "really" interesting to see how this plays out... States Rights vs. Big Brother!