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

Written by Buck Sexton

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.

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...