Montana Tells AG Garland: We Will not
Aid ATF in Enforcing Pistol Brace Rule
Governor Gianforte Signing Montana HB 102 on 18 February 2021,
Constitutional Carry Restoration
By Dean Weingarten. Feb 17, 2023
The Governor of the State of Montana has penned a letter to the Attorney General Merrick Garland, explaining the State of Montana and its political subdivisions cannot "enforce, or assist the ATF enforcement" of the rule criminalizing the possession of pistol braces as short barreled rifles under the National Firearms Act.
Governor Greg Gianforte refers to House Bill 258, which was passed and signed into law in 2021. From HB 258, now MCA 45-8-368:
Prohibition Of Enforcement
45-8-368. Prohibition of enforcement. (1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal ban on firearms, magazines, or ammunition.
(3) Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) law enforcement activity related to a federal ban; or
(b) the investigation of a violation of a federal ban.
Governor Gianforte informs Attorney General Merrick Garland of the definition of a ban under the law:
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