A pair of high-profile federal lawsuits were filed on Thursday, and those came on the heels of the announcement by Gianforte.
In a letter to Attorney General Merrick Garland, the governor asserted that the ATF’s move to regulate stabilizer braces under the National Firearms Act of 1934 is one that “further erodes the Second Amendment rights of law-abiding Montanans.”
The agency gave owners of these popular firearm attachments 120 days from Jan. 31, 2023, to register with the ATF or otherwise comply with the new rule. It will void all previous guidance from the agency on pistol braces and instead redefine “rifle” as a weapon “designed or redesigned, made or remade, and intended to be fired from the shoulder.”
This wording, of course, is specifically aimed at categorizing pistols with stabilizer braces as short-barreled rifles. These are more stringently regulated by the federal government and require registration.
The stabilizers were first marketed in 2012 as a handy way to enable disabled veterans to continue to enjoy sport shooting, and they have just grown in popularity since. However, the recent push for more gun control legislation brought the devices into the crosshairs of anti-gun zealots, and the ATF last month published its new regulations.
Gianforte is having none of that line of reasoning and explained his state’s position to the agency. “Our right to keep and bear arms is integral to Montana’s and our nation’s rich heritage, and this rule directly violates our long-held traditions.”
He further noted that the rule completely ignores the purpose of the stabilizer braces, which was to help those wounded while serving their country.
Gianforte reminded AG Garland of HB 258, which he signed into law in 2021, that prohibits state and local law enforcement in Montana from enforcing federal bans on firearms, ammunition, and high-capacity magazines.
His backers argued that the law protected state citizens from federal infringements on their Second Amendment liberties. Opponents countered that it would make collaboration with federal authorities difficult and hinder law enforcement efforts.
The state law bans public safety officers and other state employees from enforcing, implementing, or using state money to enforce federal restrictions or outright bans.
Gianforte added that the new ATF rule “creates additional barriers to lawful gun ownership and undermines our Montana way of life. I strongly urge you to reverse this decision to acknowledge and respect Montana’s long history of responsible gun ownership.”
To many in the federal government and even in some states, the Second Amendment is a pesky nuisance that must be worked around for the greater good. They spend enormous amounts of time and resources digging for ways to pretend it is not in force and to counteract its clear intent.
Because of this, it is up to people such as Gov. Gianforte and millions of everyday Americans to stand up for our constitutional liberties. The Bill of Rights is not a salad bar where favored parts may be embraced, and others discarded like yesterday’s trash. It is a brilliant collection of liberties that, while imperfectly implemented at times in our nation’s history, deserves to be defended by every American.
The federal government is currently bent on stripping away liberties that our forefathers took for granted. The right to keep and bear arms is not vague and is not negotiable. Rather it is an integral part of the nation’s fabric, and Montana and other states are correct in taking a stand against this government overreach.
