An Open Letter To All Montana Federal Firearms Licenses

An Open Letter To All Montana Federal Firearms Licenses
U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Assistant Director

BATFE
BATFE

Montana – -(AmmoLand.com)- The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (FFL). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is dedicated to your success in meeting requirements as a Federal Firearms licensee.

The passage of the Montana Firearms Freedom Act, House Bill 246 (Act), effective, October 1, 2009, has generated questions from industry members as to how this State law may affect them while engaged in firearms business activity. The Act purports to exempt personal firearms, firearms accessories and ammunition manufactured in the State, from most Federal Firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supercedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain in the state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge and serial number of each firearm manufactured or otherwise, and the date such manufacture or other acquistion was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunitions have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of phone numbers can be found at : http://www.atf.gov/contact/field.htm

It is signed by Carson W. Carroll Assistant Director (Enforcement Programs and Services)

http://www.atf.gov/firearms/071709-montana-openletter.pdf

About:
ATF – Is a unique law enforcement agency in the United States Department of Justice that protects our communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products.

We partner with communities, industries, law enforcement and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology.

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sharon hegsethDeseretianDMKim HectorKenton Barlow Recent comment authors
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sharon hegseth
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sharon hegseth

Thought-provoking article ! I Appreciate the specifics . Does someone know if my company could possibly access a template ATF 5310.12 document to fill out ?

Deseretian
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Deseretian

Your ancestors should have supported the South when it fought for freedom from Federal tyranny.

Now, I'm afraid, it's too late to stop what Lincoln wrought.

DM
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DM

From the article: "However, because the Act conflicts with Federal firearms laws and regulations, Federal law supercedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply." From the Bill of Rights: "10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." There are no provisions in the Constitution delegated to the federal government regarding the regulation of firearms in any way, shape, or form. It would seem… Read more »

Kim Hector
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Kim Hector

Is the ATF going to protect us like they did in Waco Texas??

In order to save us from the Davidians the ATF did an armed assault on unarmed women and children!

Kenton Barlow
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Kenton Barlow

Bring it on ATF. I can only die once but eternity waits for me. Hell waits for the ATF.

donw
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donw

I see two things here:

1. Federal Firearms License holders cannot sell contrary to federal law. So, if they only want to sell Montana guns, they shouldn't have an FFL.

2. The ATF saying Federal Law applies in the States makes it harder for Sotomayor to say thet the Second Amendment can be abrogated by states, just not the Feds. Seems to me you can't have it both ways.

Mikke
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Mikke

Yo, ATF. You misspelled "supersedes."

PrimEvil
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PrimEvil

The Empire Strikes Back. Counterstrike in the offing? This is going to be very interesting.