Government

Can the Gov’t Regulate Private Gunmakers? Montana Man Challenges Federal Laws

Generally, you can go to court to protect your Constitutional right to bear arms, or to fight federal laws that infringe upon the rights of states. But one enterprising Montana gun enthusiast is currently bringing a court case that seeks to promote both: gun rights and states’ rights.

Can the Govt Regulate Private Gunmakers? Montana Man Challenges Federal Laws

.22 Caliber Rifle

Today the WSJ reported on Gary Marbut, a Montana firearms instructor and enthusiast who has crafted a legal challenge against the federal government so that he may sell a special type of .22 caliber firearm he builds himself — the Montana Buckaroo — within the state of Montana, and without the interference of the federal government and its agencies.

Marbut’s premise is straightforward: if he builds the Montana Buckaroo in-state, marks it as such, and sells it within the state’s borders, federal gun regulations such as recording the transaction and paying a licensing fee do not apply.

Marbut’s legal quest so far has seen setbacks, but he is currently awaiting a major decision in San Francisco Federal Appeals Court. According to the WSJ, Marbut’s court appearances have already had an impact — eight states have adopted laws based on his theories, the Montana legislature has passed many of his bills to relax gun regulations, and his support base appears to be growing:

“The Montana Firearms Freedom Act, which he drafted and pushed through his state’s legislature, declares that guns made in Montana, stamped ‘Made in Montana’ and staying in-state aren’t subject to federal regulations. Eight states have adopted his Firearms Freedom Act… [and] Ten state attorneys general, dozens of elected officials and an array of conservative groups are backing the legal challenge he engineered to get his constitutional theory before the Supreme Court. “

Can the Govt Regulate Private Gunmakers? Montana Man Challenges Federal Laws

Gary Marbut

At the heart of Marbut‘s challenge is the Supreme Court’s interpretation of the Interstate Commerce Clause resulting from the infamous Wickard v Filburn case of 1942. That case, which in essence ruled that  a farmer couldn’t grow his own wheat for his own use without federal government permission, has been the basis for countless federal laws that to many observers have little if anything to do with commerce.

The Commerce Clause is also at the heart of the debate over Obamacare, which is heading to the Supreme Court. Marbut’s legal salvos in Montana come at a time when government overreach is one of the primary political discussions of the day. Pending court decisions about the role of government- regarding healthcare, the 2nd amendment, and a host of other issues — are likely to determine public policy for decades to come.

Mr. Marbut reportedly does not expect to win his current appeal, but even if the Supreme Court takes his case and rules against him, he has made it clear that he refuses to give up.  He has spoken about a pushing a bill forward called  ”Sheriffs First,”  which would allow Montana sheriffs to arrest federal law enforcement officials who enter their counties without asking first.

Comments (161)

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  • cannon12pdr
    Posted on July 14, 2011 at 2:07pm

    It only takes thirty five states to correct the problems we face. They can repeal the 16th and 17th amendments to the Constitution and They can “OUTLAW” the use of the Federal Reserve by Congress. If they do that the government would become limited as intended. They can also strip the Supreme Court of ruling on any matter based on foriegn law or case law but based on the Constitution and its intended purpose of LIMITED GOVERNMENT as the leading criteria.

    Report Post »  
    • madderg
      Posted on July 14, 2011 at 2:15pm

      absolutly!!!

      Report Post » madderg  
    • USAF2003
      Posted on July 14, 2011 at 3:37pm

      Agree 100% on your comments. That’s the best thing that could happen to our country.

      Report Post »  
    • Jaycen
      Posted on July 14, 2011 at 4:02pm

      AMEN to that! Woodrow Wilson’s nefarious Progressive ammendments.

      16th – Federal Income Taxes
      17th – Direct elections of Senators (instead of election by State Legislatures)

      Those two Ammendments getting repealed would radically shift the balance of power back to the States and to the People.

      Report Post » Jaycen  
    • Bulldog43
      Posted on July 14, 2011 at 5:01pm

      Problem is, you can’t shut down the federal reserve without being labelled an “anti-semite” in the process.

      Report Post »  
    • V-MAN MACE
      Posted on July 14, 2011 at 7:56pm

      Agreed!

      Resist!

      Report Post » V-MAN MACE  
    • TomFerrari
      Posted on July 14, 2011 at 8:40pm

      @Cannon is pretty much on target!

      Congress / SCOTUS will probably shut him down, though.

      NEVER FORGET the wheat farmer who grew his own wheat in his backyard…
      Wickard v. Filburn, 317 U.S. 111 (1942)

      Article 1 Section 8 – remember that.

      The Interstate Commerce Clause MUST BE FIXED !
      It yields UNLIMITED POWER to the federal government ! !

      Report Post » TomFerrari  
    • jb.kibs
      Posted on July 15, 2011 at 1:28am

      this needs to happen

      Report Post »  
    • wildbill_b
      Posted on July 15, 2011 at 6:04am

      Just for the record, regardless of what you guys THINK you know about the 16th, you are clueless.
      The ONLY thing is allows the taxation of is BOND INTEREST. You know those things that the government says today are “tax exempt”? Read the information in a short paper I wrote on the subject @ http://www.lojack12.com/Constitution/16th amendment.html

      Peace

      Report Post »  
    • mikem1969
      Posted on July 15, 2011 at 8:17am

      i agree 100%

      Report Post »  
    • PASSIONFORCHRIST
      Posted on July 15, 2011 at 10:58am

      cannon12pdr: 100% AGREED! LET‘S JUST HOPE THERE’S ENOUGH PATRIOTS LEFT IN AMERICA WHO WANT THE SAME THING!

      Report Post »  
    • barstooltestpilot
      Posted on July 16, 2011 at 6:12pm

      And while the States are at it, Here is an idea. Have all taxes collected by the States. The States formed the Federal Government to provide the things they needed in common. So the States will collect all taxes and send to the Federal Government the funds needed to support those things the States require. Things like Federal Highways, Coast Guard, and the Army, Navy and Air Force that provide for the common defense. The Federal Government can then butt out of the States business unless asked.

      Report Post » barstooltestpilot  
  • hornblower
    Posted on July 14, 2011 at 2:05pm

    The Government needs to Marbut, out!

    Report Post » hornblower  
  • timej31
    Posted on July 14, 2011 at 1:59pm

    I say we ignore the federal laws and do as we please. We vastly outnumber the government. Who do they think will be enforcing it? The sons and daughters of the people they try to arrest and shut down. I would like to see that. We‘ll have a good old fashioned fish fry and have a talk with our sons and daughters and soon we’ll have them turned against the government and then we’ll make a lot of progress. Progress you can believe in!

    Report Post » timej31  
    • jrcess
      Posted on July 14, 2011 at 3:10pm

      I agree, ask yourself what Eric Holder and Obama would do. They totally do no pay any attention to the constitution.

      Report Post »  
    • GhostOfJefferson
      Posted on July 14, 2011 at 11:24pm

      I absolutely agree.

      Report Post » GhostOfJefferson  
    • Lesbian Packing Hollow Points
      Posted on July 15, 2011 at 4:20am

      No. What that would result in is a few massacres of patriots and federal thugs. Things can only go downhill from there. Remember the four boxes.

      Soap Box
      Ballot Box
      Jury Box
      Ammo Box

      Use them in their proper order.

      Report Post » Lesbian Packing Hollow Points  
  • Gonzo
    Posted on July 14, 2011 at 1:57pm

    Obama thinks he can regulate the universe.

    Report Post » Gonzo  
  • orkydorky
    Posted on July 14, 2011 at 1:56pm

    Wouldn‘t it be wonderful to see the feds butt out of state commerce and let the states regulate their own business’s and let them actually create jobs without undue regulations imposed by federal government. These commerce laws were created on a slippery slope to allow the feds. to get to the gangster mobs, now the government has become the gangster mobs! The interstate commerce clause needs to be overturned!

    Report Post » orkydorky  
  • ebenezeer
    Posted on July 14, 2011 at 1:56pm

    Gun registration and/or confiscation in the US is impossible. Remember how many years and how much money was spent trying to register long guns in Canada and was nver accomplished.

    Report Post »  
  • timej31
    Posted on July 14, 2011 at 1:56pm

    Liberals hate having to answer to anybody this is why they hate religion they have to answer to God.

    Report Post » timej31  
    • LiberalMarine
      Posted on July 14, 2011 at 1:59pm

      So liberals want a larger government while at the same time not wanting to answer to anyone?

      Report Post » LiberalMarine  
    • Asmodeus13
      Posted on July 14, 2011 at 2:35pm

      @LiberalMarine, Yes they do, just like Hitler, Stalin, Mao , and so on, it is the same old BS rational, you guys believe you are in-tilted to rule others. So you work to create an all powerful government, and you liberals scurry over each other trying to get a government position so you can be apart of an all powerful oppressive government that has no accountability. Just like the rest of the world…

      Report Post » Asmodeus13  
    • Pub1ius
      Posted on July 14, 2011 at 4:51pm

      Interesting how people will always tell others what they believe concerning, political views, religion, etc,. It is time for everyone to respect others regardless of beliefs or lifestyles. One thing needs to be the focus for everyone right now and that is the fiscal responsibility of the Govt. Instead of commenting on all of the comment boards maybe we should be calling our senators and representatives to let them know what you think needs to be done concerning the debt limit and spending. Enough bickering between each other.

      Report Post »  
  • Matt39
    Posted on July 14, 2011 at 1:52pm

    It’s time to move to Montana. True Americans….

    Report Post »  
    • Magyar
      Posted on July 14, 2011 at 10:56pm

      Reconsider your choice of relocation—Montana in the winter–OOOO nasty cold! Texas is the better place— Additionally, there are actually jobs there and they have the balls to stand up to the Comrade ‘n Chief and his lice!

      Report Post »  
    • Meyvn
      Posted on July 14, 2011 at 11:28pm

      No. It’s time to bring this mentality to all States. You never give up. Simply put… It’s Liberty or Death. Not that complicated really.

      Report Post » Meyvn  
    • CETMEONFIRE
      Posted on July 15, 2011 at 1:22pm

      @MATT39 Forget Montana and Texas….
      Oklahoma is one of the two states in the U.S. where you can purchase any firearm you want, brand new from a dealer without having to register it, the other is Kentucky. The one phrase we never hear on the local news in Oklahoma is “the gun used to commit the crime was registered to….”

      Report Post » CETMEONFIRE  
  • Cap8tain
    Posted on July 14, 2011 at 1:50pm

    Y‘all libs sure is upset when dis good ol’ boy does… follow protocol and the legilative process for a change he and others believe.

    Report Post » Cap8tain  
    • We-the-People-MtnMan
      Posted on July 14, 2011 at 2:06pm

      Up here in Montana , we are used to being called all kinds of names from hics, to sheep herders and worse. Yet the vast majority of us still live by American traditions. We hunt for food rather than sport, we grow our vegtables and raise our own livestock too. We live in rural areas on very low incomes , driving 4wheel drive pickups for the 70′s that needed to be overhauled several years ago.
      I am pleased to see people taking notice of us in a decent way for a change. We have known about Mr. Marbut’s plan for along time. The Idea of state regulation rather than federal is something everyone should consider. I really know little of federal laws and how all this garbage works. What I do know is slowly but surely if this keeps up , not only will we not have gun rights, but someday I see us not having even the right to raise our children because “we don’t know whats good for them “

      Report Post »  
    • tripl-e
      Posted on July 15, 2011 at 2:22pm

      @ We-The-People-Mtnman

      Note that at this very minute bureaucrats are discussing the government‘s power to remove obese children from their parents’ homes. These busy bodies see no limit(s) to their power or authority. They are fully prepared to actually take children away from their families ’cause the kids are heavy.

      Report Post »  
  • GOTT-EM-MAUSER
    Posted on July 14, 2011 at 1:50pm

    Mr. Marbut is absolutely Correct. ALL FEDERAL GUN LAWS are Unconstitutional, because they are ALL based on the “Commerce Clause” intended ONLY to be used to settle TRADE DISPUTES among the several States. The Second Amendment is clear in it’s prohibition of FEDERAL interference with the KEEPING and BEARING of ARMS by the people.

    The ONLY INTENT of ALL Gun Law is to DISARM the American Slaves, so as to make safer the RULING ELITES that live off of our WORK, and make our lives miserable with constant meddling in affairs that are NONE of THEIR BUSINESS.

    Mr. Marbut will not achieve his goal, certainly not in the GOVERNMENT CONTROLLED KANGAROO COURTS. The American People are VERY WELL ARMED, and FED UP to The GILLS with BIG GOVERNMENT. The true Ramifications of Chairman Mao’s statement “The only true POWER comes from the barrel of a GUN” will very soon be realized by our OWNERS.

    Wake up Folks, we have a Communist Mad Man in the White House, and millions of elected, appointed and hired GOVERNMENT STOOGES that will gladly do his bidding for their 20 pieces of Silver. The ONLY RULE to remember is, “IF you shoot a COMMUNIST in the right place, with a U.S. Caliber 30 bullet, THAT COMMUNIST will fall over DEAD, and won’t give you anymore trouble.”

    Report Post »  
    • SgtB
      Posted on July 14, 2011 at 2:15pm

      Agreed. Personally, I’m pissed off at all of the WWII veterans and every old person in general for standing by and watching the Wickard v. Filburn case. They really dropped the ball in their day and I intend to let them know it, starting with my own grandfather. I think we have really misnamed the “greatest generation”, while their efforts in WWII were heroic and deserve commending, the actions directly after the war that led to a decrease in the freedoms and liberties of the American people are a disgrace on that generation.

      Report Post » SgtB  
    • Jaycen
      Posted on July 14, 2011 at 4:05pm

      Seriously. “The Greatest Generation” let their kids grow up to be self-centered, narcissistic hippies.

      What’s so great about raising a generation of “me-centric” jerks who are wrecking our country? If they were so Great, they would have insisted on teaching their children (our parents) about their country’s history, the Constitution, and the importance of FREEDOM.

      Report Post » Jaycen  
    • Susan Harkins
      Posted on July 14, 2011 at 4:49pm

      @GOTT-EM-MAUSER

      Well stated!

      Agree.

      Report Post » Susan Harkins  
  • Realpatriot1
    Posted on July 14, 2011 at 1:49pm

    The feds are out of control and maybe if all the states start standing up for themselves we can get our freedom back. Keep it up Malbut!!!

    Report Post » Realpatriot1  
  • MONICNE
    Posted on July 14, 2011 at 1:48pm

    If this turns out to be fully legal, it could be a very profitable job maker!

    I would expect Colt to produce a Connecticut series of formerly LE and Military weapons and look forward to the new Beretta Virginia 9MM full Auto and the H&K Virginia .45 MP series.

    New York could have the SNS-IS series (for Saturday Night Specials-In State)!

    LOL

    ((and maybe we could legislate that TEA Party members could not enter the county without permission of the local bail bondsman))

    Report Post » MONICNE  
  • kralcorn2
    Posted on July 14, 2011 at 1:47pm

    encinom
    Posted on July 14, 2011 at 1:29pm
    He is a confederate, a fringe loon with no understanding of the Constitution.

    Thanks for clearing that up for us encinom, sound like you got your FACTS straight out of a liberal tactics manual. I’m sure there are no Soros lapdog trolling types posting here….just saying.

    Report Post »  
  • AynRandLives
    Posted on July 14, 2011 at 1:45pm

    Wonder if ranchers and farmers will start growing and selling only within their states…

    Report Post » AynRandLives  
  • tcdenton03
    Posted on July 14, 2011 at 1:44pm

    Any ideas how we can help this guy? This will help all small businesses, not just the gun industry.

    Report Post » tcdenton03  
  • Anonymous T. Irrelevant
    Posted on July 14, 2011 at 1:43pm

    Go, Marbut, go!
    “That case, which in essence ruled that a farmer couldn’t grow his own wheat for his own use without federal government permission, has been the basis for countless federal laws that to many observers have little if anything to do with commerce.”

    I’ve never understood this reasoning. Farmers can grow gardens for their own use, I can too. Why isn‘t the wheat farmer’s own wheat considered a garden?

    Report Post » Anonymous T. Irrelevant  
  • candcantiques
    Posted on July 14, 2011 at 1:39pm

    Any Federal law enforcement agent SHOULD have to ask to enter a county if they are on official business UNLESS it is a National Security issue

    Report Post »  
    • KevINtampa
      Posted on July 14, 2011 at 5:50pm

      While I agree with your intent, you must concede that basing something on a “National Security Issue” is a very slippery slope.

      Someone not paying a student loan can be a “National Security Issue”.

      Someone selling cigarettes can be a “National Security Issue”.

      Someone driving 105mph on Interstate-95 can be a “National Security Issue”.

      Someone reloading brass casings and selling them to their neighbor who is on an unpublished Fusion Center list can be a “National Security Issue”.

      In fact, I’m hard pressed to find anything that involves any individual liberty NOT being a “National Security Issue”.

      Someone holding a Right to Life rally is a “National Security Issue”.

      Someone growing a wheat farm is a “National Security Issue”.

      Someone selling unpasteurized cow milk is a “National Security Issue”.

      Someone fattening up their toddler is a “National Security Issue”.

      Someone buying land for hunting and target practice is a “National Security Issue”.

      Someone posting on a bulletin that liberty is lost and if your death came today you will have never known freedom is a “National Security Issue”.

      I would rather die at this moment now than live as a pawn to some system tomorrow. We do NOT exist to please the collective, we exist to serve our God…however that may be…so long as that belief and service neither picks another‘s paycheck nor breaks another’s bones.

      Report Post »  
  • ZOMBIE JESUS LOVES ME
    Posted on July 14, 2011 at 1:36pm

    Mr. Marbut probably has a list of federal building that he wants to blow up.

    This is what’s scary about the teabaggers. These people with the bibles and their guns and their “don’t tread on me” crap are going bring this nation down from the inside.

    ZOMBIE JESUS LOVES ME  
    • LiberalMarine
      Posted on July 14, 2011 at 1:39pm

      Can we just let the fly-over states go?

      Report Post » LiberalMarine  
    • Thomas Payne
      Posted on July 14, 2011 at 1:39pm

      Timothy McVeigh was a socialist/leftist. Not a TEA Party member. You’re a typical uninformed ingnoramous.

      Report Post » Thomas Payne  
    • J.C. McGlynn
      Posted on July 14, 2011 at 1:41pm

      You and the democrat/liberal/progressive/nazi/communists you call friends have already done that. We Tea Partiers are trying to fix it.

      Report Post » J.C. McGlynn  
    • candcantiques
      Posted on July 14, 2011 at 1:43pm

      You are an IDIOT. YOUR DAMN RIGHT I WANT MY GUNS AND MY BIBLE. I believe in LIBERTY. Do you even know what that means?

      Report Post »  
    • CatB
      Posted on July 14, 2011 at 1:43pm

      LOL … so true .. this Zombie knows NOTHING! Except the usual .. name calling and talking points from others …

      TEA!

      Report Post »  
    • Eric_The_Red_State
      Posted on July 14, 2011 at 1:44pm

      I bet you would rather hear about Casey Anthony too.

      Aren’t you curious what her favorite color is?
      Don’t you want to know what kind of clothes she wears?
      Where she shops?
      What she eats?

      Report Post » Eric_The_Red_State  
    • LiberalMarine
      Posted on July 14, 2011 at 1:46pm

      Actually, Timothy McVeigh was a registered Republican and member of the NRA.

      Report Post » LiberalMarine  
    • hornblower
      Posted on July 14, 2011 at 1:53pm

      You are an Idiot. No need for a Sexual pejorative here. You are just an idiot!

      Report Post » hornblower  
    • right-wing-waco
      Posted on July 14, 2011 at 1:54pm

      Zombe
      Shut up and get your ticket to Cuba where you can live with the assurance that the government is “taking care of you”.

      Report Post »  
    • GOTT-EM-MAUSER
      Posted on July 14, 2011 at 1:56pm

      Well ZOMBIE, FINALLY something I can agree with you on.

      Millions of us are ready adn waiting to get started on your worst nightmare.

      Report Post »  
    • LiberalMarine
      Posted on July 14, 2011 at 1:56pm

      I’m an idiot for stating the fact that McVeigh was a Republican? I think that makes me more of a facts-stater.

      Report Post » LiberalMarine  
    • Make My Day
      Posted on July 14, 2011 at 1:57pm

      Looks like he is going about it the right way. Don‘t see any mention of his bible or don’t tread on me flag. You must still be foggy from the cool aid.

      Report Post » Make My Day  
    • MONICNE
      Posted on July 14, 2011 at 1:58pm

      McVeigh was a decorated war hero and was one of the bravest soldiers in the original Iraq War.

      Report Post » MONICNE  
    • right-wing-waco
      Posted on July 14, 2011 at 2:00pm

      ZOMBIE JESUS LOVES ME
      We are NOT a “Nation”, we are a Federation of States. Big difference. 2nd, You and your lib friends do not deserve the freedoms that the Founders left us. Why can’t you understand that every law and every regulation destroys more freedom. (Choice=freedom)

      Report Post »  
    • ZOMBIE JESUS LOVES ME
      Posted on July 14, 2011 at 2:01pm

      LIBERALMARINE, these people don’t care about the facts.

      Registered Republican, a membership in the National Rifle Association … it doesn’t matter. If Jared Lee Loughner had just come from a tea bagging rally, these people would find a way to play the victim.

      Report Post » ZOMBIE JESUS LOVES ME  
    • rienheart
      Posted on July 14, 2011 at 2:08pm

      Zombie, you certainly live up to your name. Definitely a Zombie for the Commie Party. Can’t wait for you to start your Violent revolution. You, Encinomom, and all the rest of you Commies will be sorely disappointed when you do start you Violent Revolution and realize how Few Commies you are and the Vast Many Constitutional Americans that will be on the Front Lines with their Bibles , Guns, and God when you try to Tread all over our Constitution. Can’t Wait. Hope to see you there.

      Report Post »  
    • LiberalMarine
      Posted on July 14, 2011 at 2:09pm

      Trust me, I know about the general Blaze commenters on again off again relationship with “Truth” and “Facts.”

      Mostly off.

      Report Post » LiberalMarine  
    • ZOMBIE JESUS LOVES ME
      Posted on July 14, 2011 at 2:10pm

      RIGHT-WING-WACO, don’t talk to me about regulations destroying freedoms. If you really, really felt that way, you would be working to end the prohibition on marijuana. You would stand up for a woman’s reproduction rights. You would live and let live in regards to gay marriage. But you don’t.

      Do you?

      Report Post » ZOMBIE JESUS LOVES ME  
    • LiberalMarine
      Posted on July 14, 2011 at 2:18pm

      Of course they don’t care about that stuff, because that is the sort of thing that has to be federally regulated, not guns… things that actually hurt people, not gays getting married or someone lighting up a joint.

      Report Post » LiberalMarine  
    • ZOMBIE JESUS LOVES ME
      Posted on July 14, 2011 at 2:18pm

      RIENHEART, I am actually considering starting a proper grammar revolution. (A nonviolent one.) Will you please consider being part of it?

      Report Post » ZOMBIE JESUS LOVES ME  
    • LiberalMarine
      Posted on July 14, 2011 at 2:27pm

      Don’t worry, he is the one to go to when you want ammunition, guns, sentence fragments and fused sentences.

      THE TEA PARTY WILL REWRITE THE LAWS OF GRAMMAR THEMSELVES!

      Report Post » LiberalMarine  
    • right-wing-waco
      Posted on July 14, 2011 at 2:39pm

      ZOMBIE JESUS LOVES ME

      Since you brought up the subject, the Federal government has NO Constitutional authority to regulate any of the subjects you brought up. These are subject to State rights.

      1) Drugs, I think that all drugs should be legal and sold in a similar manner as alcohol and tobacco. This would destroy the drug cartels and smuggling in general.

      2) Woman have a right to control their own body but when you have created another life, that life should have the same right to live as you do. No person should have the right to kill another at nearly any stage of life.

      3) Gay rights: I don’t care what color you are of what you do in your personal life. Marriage, for centuries, meant a contract between a man & woman. It should stay that way. You can, by passing simple laws, have the same effect as marriage without having to destroy history.

      Report Post »  
    • Stand_up_and_fight
      Posted on July 14, 2011 at 3:25pm

      @ zombie

      We “tea-baggers” are coming for people like you! Better keep looking over tour shoulder. The sound you hear are millions of law-abiding, pi**ed-off gun owners looking to take OUR country back. Hahahaha

      Report Post »  
    • LiberalMarine
      Posted on July 14, 2011 at 3:41pm

      Oh no, Zombie! Better look over your shoulder!

      Report Post » LiberalMarine  
    • ZOMBIE JESUS LOVES ME
      Posted on July 14, 2011 at 4:16pm

      I’m telling you, LIBERALMARINE, I don‘t know if I’ll be able to sleep tonight. LOL!

      Seriously, tea ****** bravado is so much fun.

      Report Post » ZOMBIE JESUS LOVES ME  
    • NWalters78
      Posted on July 14, 2011 at 5:09pm

      Let’s see, we’ve got a Zombie who has no brains and a bunch of BS talking points, and a John Kerry Clone claiming he/she is a war hero. What fun the basement dwelling liberaltrolls have when they don’t have to work and live off of MY TAXES! Kick the Tea Party out? Ignore the Flyover States? What a shrill POS you are, LiberalMarine. You supposedly served? So did pedophile Scott Ritter and turncoat Jack Murtha. Yeah, the USMC really claims those 2 degenerates.

      Report Post » NWalters78  
    • LiberalMarine
      Posted on July 14, 2011 at 5:42pm

      I never said I was a war hero at all, I will be the first to admit my job doesn’t put me in the line of fire. I will fight and defend the flyover states, but if they wanted to succeed and become a backwards hilariously inept nation I would care either.

      Report Post » LiberalMarine  
    • pschlentz
      Posted on July 15, 2011 at 3:46am

      @Zombie,
      You’re an embarassment, go away back to your basement in your underwear and rabbit slippers. Your mommy will bring you some hot chocolate soon… then walk away in shame knowing she raised a jackass and is trapped with you forever.

      Report Post »  
    • Thomas Payne
      Posted on July 15, 2011 at 8:54am

      No, actually he was a leftist. Which is why he was kicked out of at least two different militias. Nice try.

      Report Post » Thomas Payne  
  • Aequitas
    Posted on July 14, 2011 at 1:33pm

    If he wants to be a gun manufacturer, than he should follow the rules and regulations that all other gun manufacturers have to follow.

    Report Post »  
    • Weiners Wiener
      Posted on July 14, 2011 at 1:45pm

      You’re missing the whole point. WHO decides what those rules are? That is what this man is challenging. The state of Montana should have a say in the matter, and that‘s what he’s pushing.

      Report Post »  
    • MONICNE
      Posted on July 14, 2011 at 1:55pm

      Especially patent infringement. His design borrows features of these patented rifles:
      1. Chipmunk (now produced as the Crickett);
      2. Remington Model 514;
      3. Winchester Model 67A; and
      4. Remington Model 33.

      Report Post » MONICNE  
    • GOTT-EM-MAUSER
      Posted on July 14, 2011 at 2:12pm

      ALL FEDERAL LAWS concerning the manufacture and sale of Firearms are UNCONSTITUTIONAL.

      If you and the Communists don’t like that “Inconvienent Truth”, then PLEASE CALL a CONSTITUTIONAL CONVENTION, and see how trying to change it works out for you.

      Report Post »  
    • Aequitas
      Posted on July 14, 2011 at 2:27pm

      @WeinersWiener
      In case you didn’t know. It’s called the Federal Firearms License. This license enables an individual or a company to own or engage in a business pertaining to the manufacture of firearms as well as ammunition. And the interstate and intrastate sale of firearms. Having an FFL to own a business or engage in such activities has been a legal requirement within the United States of America since the enactment of the Gun Control Act of 1968.

      He‘s just trying to do an end run around this act so that he doesn’t have to pay the $3000 dollars for the license.

      Report Post »  
    • Aequitas
      Posted on July 14, 2011 at 2:36pm

      @GOTT-EM-MAUSER

      If there’s one Amendment of the Constitution that has been so mis-understood and taken so out context and abused. It’s the 2nd Amendment

      Report Post »  
    • Susan Harkins
      Posted on July 14, 2011 at 5:05pm

      MONICNE
      Posted on July 14, 2011 at 1:55pm
      Especially patent infringement. His design borrows features of these patented rifles:
      1. Chipmunk (now produced as the Crickett);
      2. Remington Model 514;
      3. Winchester Model 67A; and
      4. Remington Model 33.

      ————
      @MONICNE

      You are publically displaying your ignorance of the law here. But hey, you are so against anyone owning guns anyway that you would probably bring up the guy’s underware as a reason why he would be in the wrong. Sad case you are dear — grasping at straws in desperation to shoot this guy down (and the rest of us gun-owners to boot). We REALLY know who needs shooting, dont we dear? Hold on to your britches.

      Now as for your expelled glob of text that you displayed as an argument against him via patent infringement…

      …in order to prove this, you have to ACTUALLY PROVE that he STOLE the design from the other manufactures mentioned. If you go into patent law litigation with the arguement that “the stock LOOKS like the others, so it MUST have been stolen,” then you will be laughed right out of the hearing chambers.

      Go play, dear. Your ignorance of the law is showing.

      Report Post » Susan Harkins  
    • Chet Hempstead
      Posted on July 14, 2011 at 5:41pm

      Aequitas
      Whether you think he’s right or wrong, fighting this case will obviously cost much more than the $3,000 he would have to pay for a federal license. Even if he gets help with the legal fees from others who agree with his cause, the time that he personally has to spend on it must be worth at least that much. He can only be doing it because he believes he’s right on the principles.

      Report Post »  
    • MONICNE
      Posted on July 15, 2011 at 10:48am

      Susan,

      The list of patented firearms appears on the official B.I.T. website. It was posted by the Montana Buckaroo manufacturer to recognize patent challenges already filed by those other manufacturers. Like I said, B.I.T has to be very careful with these serious issues – by the establishment. Small Business is constantly fighting for market share. That was my point – “dearie.”

      Go to the Montana Buckaroo website and look it up, Sir.

      TEA

      Report Post » MONICNE  
    • MONICNE
      Posted on July 15, 2011 at 10:55am

      @HARKINS
      “underwear”
      “don’t” “
      “manufacturers”
      “argument”
      I am ignorant of the law, not being a lawyer. But I understand the Federal Constitution enough to detect a poser, Susie-Q.

      Report Post » MONICNE  
  • momprayn
    Posted on July 14, 2011 at 1:32pm

    WARNING! Hillary Clinton recently announced the Obama Admin. will be working hand-in-glove with the UN to pass a new “UN Small Arms Treaty”. In truth, it’s a massive global gun control scheme & assault on our nat’l sovereignty, Sen. Rand Paul is leading the fight against it – we must flood our Senators with our disapproval
    Ultimately, the UN’s Small Arms Treaty is designed to register, ban and CONFISCATE firearms owned by private citizens like YOU.

    If passed by the UN and ratified by the U.S. Senate, the UN “Small Arms Treaty” would almost certainly FORCE the U.S. to:

    *** Enact tougher licensing requirements, making law-abiding Americans cut through even more bureaucratic red tape just to own a firearm legally;

    *** CONFISCATE and DESTROY ALL “unauthorized” civilian firearms (all firearms owned by the government are excluded, of course);

    *** BAN the trade, sale and private ownership of ALL semi-automatic weapons;

    *** Create an INTERNATIONAL gun registry, setting the stage for full-scale gun CONFISCATION.

    If you want to help (survey, etc.) go to:

    http://www.nagr.org/UN_RP_BannerLetter1.htm?pid=UNWS&emx=momprayn@aol.com&fn=Donna&ln=Massmann&z=78070&mid=56

    Report Post »  
    • CatB
      Posted on July 14, 2011 at 1:42pm

      FAST AND FURIOUSGATE … these people have no business trying to regulate us out of OUR guns … $10 MILLION in Stimulus funds used to run GUNS to MEXICO AND HONDURUS .. how high does this go … watch and learn …

      http://www.youtube.com/watch?v=7KloKRe0Qgs

      LIsten to his first words …

      “The President directed us to take action” !!!!

      TEA!

      Report Post »  
    • Locked
      Posted on July 14, 2011 at 1:53pm

      @Mom

      Nice try. False scam e-mail chain is false.
      http://www.snopes.com/politics/guns/untreaty.asp

      Report Post »  
    • Susan Harkins
      Posted on July 14, 2011 at 5:06pm

      @encinom

      Give it a rest dear — you’re going to overheat those two marbles, rolling around in your little head.

      Report Post » Susan Harkins  
    • OIF3survivor
      Posted on July 15, 2011 at 1:06am

      @encinom
      You‘d know a thing or two about false internet rumors wouldn’t you. Man…I could swear I remember someone from the liberal/progressive talking points section going on an on about Rep. Weiner being totally exhonerated by some inside info he had. Hmm…who might that be? Certainly no one who really was mindlessly and oh so breathlessly repeating some anonymous blogger. Yep that’s what you did, all the while castigating ‘narrow-minded‘ and ’racist’ teabaggers. Damn if that isn’t typical of the inclusive, caring left.

      Report Post »  
  • Mandors
    Posted on July 14, 2011 at 1:30pm

    Naw, sounds good, but he loses. That the commerce is intrastate does not mean that it does not have interstate consequence. Obviously, if someone buys a Montana Buckaroo .22, that person is not buying a Ruger or maybe a Browning, so it has consequences out of state and so is part of interstate commerce. That’s what the courts will say. Bank on it.

    Report Post » Mandors  
    • corsair18
      Posted on July 14, 2011 at 2:39pm

      Mandors… By your standards we might as well rip up the Constitution. If I plant a garden, that means I don’t buy veggies from another state and THAT is interstate too. You are obviously totally ready to surrender ALL your rights to your GOD…GOVERNMENT! Go ahead…but my guns protect my rights!

      Report Post » corsair18  
  • encinom
    Posted on July 14, 2011 at 1:28pm

    This guy is a nut. Nothing more than another fringe militia man, who shoul dnot leave the compound.

    “He has spoken about a pushing a bill forward called ”Sheriffs First,” which would allow Montana sheriffs to arrest federal law enforcement officials who enter their counties without asking first.”

    Sorry, law would be on its face unconstitutiona, a violation of the Supremecy clasue and US Supreme Court decisions going back to the Marshall Court.

    Report Post »  
    • LiberalMarine
      Posted on July 14, 2011 at 1:37pm

      I can’t wait for the first sheriff to arrest a fed. That would make a great iPhone video.

      Report Post » LiberalMarine  
    • UlyssesP
      Posted on July 14, 2011 at 1:38pm

      Aargggh, said the progressive as another “nut” challenges lies.
      BTW, What’s a clasue? Slow down and take a breath, all that hyperventilation over citizens exercising their rights is making you type too fast.
      Just effing with ya!

      Report Post » UlyssesP  
    • J.C. McGlynn
      Posted on July 14, 2011 at 1:49pm

      The misinterpretation of the Supremacy Clause makes the President a king. The States are supposed to control everything inside their borders, the fed getting involved when states can’t resolve theit differences.

      Report Post » J.C. McGlynn  
    • cannon12pdr
      Posted on July 14, 2011 at 2:01pm

      Sheriffs are unique in that they are the only ones listed in the constitution that can call juries, appoint judges and make arrests. I would say that they have the authority to arrest a federal lacky that is going arround the articles of the Constitution.

      Report Post »  
    • GOTT-EM-MAUSER
      Posted on July 14, 2011 at 2:04pm

      There is a Sheriff in Wyoming that has done just that. He has told the Feds that ANY IRS, and EPA gun toters to “Stay out of Wyoming, or face arrest.” Having family in Wyoming, I can attest that things on the ground there, are shall we say, going to be a BIG SURPRISE for the D.C. Communists here shortly.

      Report Post »  
    • encinom
      Posted on July 14, 2011 at 2:49pm

      “Sheriffs are unique in that they are the only ones listed in the constitution that can call juries, appoint judges and make arrests.”

      Which Constitution? Not the U.S. In most states the Sheriffs are glorified tax collectors. They have no power to prevent the a Federal agent from entering a county. Their is not one case on point that supports this nonsense.

      Report Post »  
    • encinom
      Posted on July 14, 2011 at 3:50pm

      GOTT-EM-MAUSER
      Posted on July 14, 2011 at 2:04pm
      There is a Sheriff in Wyoming that has done just that. He has told the Feds that ANY IRS, and EPA gun toters to “Stay out of Wyoming, or face arrest.” Having family in Wyoming, I can attest that things on the ground there, are shall we say, going to be a BIG SURPRISE for the D.C. Communists here shortly.
      ____________________________
      Sorry but that is an urban legend, spread by the tin foil hat, racist, milita men in their compounds. Zero truth.

      Report Post »  
  • xoke
    Posted on July 14, 2011 at 1:26pm

    All States need to start doing this…with EVERYTHING. Cars, guns, food…etc. States need to take their power and sovereignty back from this overbearing behemoth called Washington.

    Report Post » xoke  
    • Locked
      Posted on July 14, 2011 at 1:38pm

      “He invoked an 1824 case in which Chief Justice John Marshall said federal interstate-commerce power doesn’t stop at state boundaries but reaches any activity that “may affect other States.” Thus, even local, noncommercial activity “may still…be reached by Congress if it exerts a substantial economic effect on interstate commerce,” he wrote.”

      Supreme Court’s been pretty clear on this for almost 200 years. If it can affect other states, it’s subject to interstate regulations. He’ll take it to a court, they’ll quote it, he’ll request to have it brought to a higher court, it’ll get denied. It will never reach the Supreme Court, and even if it did, they would point at precedent and the case would end immediately.

      Report Post »  
    • Therightsofbilly
      Posted on July 14, 2011 at 1:58pm

      @LOCKED

      Gee, if only they all would have just consulted you first.
      Might have saved themselves a lot of time and effort, huh?

      Report Post » Therightsofbilly  
    • Locked
      Posted on July 14, 2011 at 2:02pm

      @Billy

      No, they know this. It’s done as a strategy for politics. The people in question are Tea Party organizers (says so in the article), and even though they know this will go nowhere in court, it is great for getting people passionate. It’s important for us to see that point instead of giving in to ignorance.

      The quote I used is from the original article itself. As said, they know it won’t go anywhere; it’s just a political stunt.

      Report Post »  
    • Therightsofbilly
      Posted on July 14, 2011 at 2:12pm

      There you go answering rhetorical questions again.

      Report Post » Therightsofbilly  
    • Locked
      Posted on July 14, 2011 at 2:22pm

      You disagree?

      Report Post »  
    • orkydorky
      Posted on July 14, 2011 at 2:32pm

      More food for thought, show me anywhere in the constitution that allows case law to become law. This is another misconception that has grown with the progressives. Only Congress can create law, not the judges, not the president or his czars.

      Report Post » orkydorky  
    • Therightsofbilly
      Posted on July 14, 2011 at 2:34pm

      I take issue with your reading comprehension skills.
      May i suggest that you go read the WSJ article again, and then correct your first reply to me.

      Report Post » Therightsofbilly  
    • Locked
      Posted on July 14, 2011 at 2:43pm

      @Billy

      I think I see your point: he already has lost, and expects to lose again.
      “As he predicted, he lost the first round in federal court. Federal District Judge Donald Molloy wrote that the Montana legislature was free “to riddle the statutory code with ‘political statements’” but not to invent its own constitutional law.

      Mr. Marbut expects to fall short at the appeals court, as well.”

      Report Post »  
    • Therightsofbilly
      Posted on July 14, 2011 at 2:52pm

      You are a lost cause dooood.

      I was referring to your TEA Party inference.

      At best you are disingenuous. Most often, you are devious.

      Report Post » Therightsofbilly  
    • Chet Hempstead
      Posted on July 14, 2011 at 5:20pm

      If every state had its own auto industry with its own regulations, then you would have to do hours of legal research before you tried to drive one to another state and you would have to hire a lawyer before you tried to drive one all the way across the country.

      Report Post »  
    • Therightsofbilly
      Posted on July 14, 2011 at 5:38pm

      @CHET

      Most folks want a gun to protect their home.

      But if your home has wheels, I guess you have a point.

      Report Post » Therightsofbilly  
    • Chet Hempstead
      Posted on July 14, 2011 at 11:01pm

      Therightsofbilly
      I was speaking to the original post that the guy you’re arguing with was replying to.

      All States need to start doing this…with EVERYTHING. Cars, guns, food…etc. States need to take their power and sovereignty back from this overbearing behemoth called Washington.

      So as you can see, I do actually have a point.

      Report Post »  
  • pap pap
    Posted on July 14, 2011 at 1:24pm

    You gotta love it. Marbut is a patriot. The federal gov’t needs to STFU and get out of our lives.

    Report Post »  
    • encinom
      Posted on July 14, 2011 at 1:29pm

      He is a confederate, a fringe loon with no understanding of the Constitution.

      Report Post »  
    • Norm D. Plume
      Posted on July 14, 2011 at 3:47pm

      I’ve met this guy, camped for a week on his lawn, and ate at his table. He’s a stand-up, no-nonsense patriot, and has been making me proud for years.

      Report Post » Norm D. Plume  
    • BuckeyeWithA45
      Posted on July 14, 2011 at 4:43pm

      He is a confederate, a fringe loon with no understanding of the Constitution.

      Funny I say alot of the same things about Obama

      Report Post » BuckeyeWithA45  
  • M-O-O-N Spells Moon
    Posted on July 14, 2011 at 1:23pm

    Bravo, Mr. Marbut, Bravo.

    Report Post » M-O-O-N Spells Moon  
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