“The Firearms Freedom Act (FFA) is sweeping the Nation,” declares the Web site appropriately located on the Internet at firearmsfreedomact.com. It’s the brainchild of Gary Marbut, president of the Montana Shooting Sports Association (MSSA).

What’s It About?

“Originally introduced and passed in Montana, the FFA declares any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states,” the FFA Web site tells us.

“Since its passage in Montana, a clone of the Firearms Freedom Act has been enacted in Tennessee, and has been introduced in the legislatures of Alaska, Texas, South Carolina, Minnesota and Florida. Legislators in many other states have announced they will introduce FFA clones when their legislatures next convene.”
What basis do the states have to claim exemption from federal mandates?

“The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the ‘commerce clause,’ with firearms as the object — it is a state’s rights exercise,” we are told.

The Amendment states “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.”

That seems pretty clear. But then, so does the Second Amendment and we know what a mess the feds have made of that. They’re proving themselves true to form here.

Following passage of the Act in Montana and Tennessee (without the signature of supposedly “pro-gun” and NRA-endorsed Governor Phil Bredesen, who also vetoed allowing guns in establishments that serve alcohol, necessitating a legislative override), Carson W. Carroll, ATF’s Assistant Director of Enforcement Programs and Services sent out an “open letter” to Federal Firearms Licensees in both states.

“[B]ecause the Act conflicts with Federal firearms laws and regulations,” Carroll wrote, “Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.”


The Tennessee Firearms Association was quick to react.

“Essentially, ATF is saying to the state of Tennessee that the 10th Amendment no longer exists,” they informed their members. “We expected such from a tyranny that no longer lives within the bounds of its express authority …”

The reaction in Montana promised a legal response. The Web site for Montana’s affiliated CBS news stations reported “Montana Shooting Sports Association plans to file a lawsuit on October 1st.

“The suit will challenge the authority of Congress to regulate Montana manufactured guns, accessories and ammunition that stays in the state …

“Marbut says that ATF acknowledgment will help the Montana Shooting Sports Association gain standing in its lawsuit.”

What effect will ATF’s position have on pending activities in states that have introduced or are considering similar legislation? Some may go forward and others will no doubt watch the MSSA lawsuit with interest. As should we all.

And Marbut reminds us of an important fact we should not overlook.

“The letters are addressed only to FFLs … The letters are not addressed to non-FFLs, those folks who are potential participants in the state-made guns business.”

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