17 Feb In-the-News Update [Issue: 2nd Amendment]
In a letter sent on February 8th, to Attorney General Marrick Garland, Montana state Governor, Greg Gianforte, informed the AG that the state of Montana will not be complying with the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) new rule change regarding pistol braces and the NFA. Furthermore, a law passed by the Montana state legislature in 2021 forbids Montana peace officers and other law enforcement officials from cooperating with federal agencies in the enforcement of firearms-related bans of any types, or regulations that amend pre-existing statutes to expand criteria of what falls under federal firearms regulations. The governor took a strong stance against the ATF’s arbitrary rule change for pistol braces, challenged its constitutionality, and urged Attorney General Garland to reverse the ruling on behalf of the ATF. Under the well-established legal principle of the anti-commandeering doctrine, states are legally allowed to refuse to expend state resources and personnel to enforce federal laws, rules, and regulations. In this case, the Governor of Montana is utilizing this doctrine to stonewall against the ATF’s illegal, bureaucratic “law-making”. Now, it is up to the rest of us to call upon our federal and state representatives, as well as our governors to do the same!