March 11, 2021
Dear Senator Tester,
About "universal background checks" and Montana:
The U.S. House has just voted to pass H.R. 8, which would invoke
what is called "universal background checks."
Montana has a recent history with what are called "universal
background checks" (UBC) by some. UBCs basically require a
federal NICS clearance and record for the otherwise legal transfer
of firearms between private individuals. Private transfers
are often done in Montana as a way to gift firearms to children or
employees, as a loan for hunting, as a normal part of barter and
exchange, or for many other legitimate purposes. A UBC would
criminalize this common and legal practice.
UBCs are sometimes billed as a way to "close the gunshow
loophole." This is even though there is no such thing as a
"gun show loophole." Vendors at gun shows who have a Federal
Firearms License (FFL) are already required to run a NICS check
for the recipient of any firearm transfer. Plus, criminals
get guns by stealing them and selling them to other
criminals. Very few guns used in crimes are obtained at gun
shows.
Many Montanans believe that a UBC mandate is just a step towards
national gun registration, something that Montanans abhor.
To assess the political desirability of UBC in Montana, there is a
recent political experiment to look at. The City of Missoula
adopted a UBC ordinance, against the advice of all but anti-gun
Michael Bloomberg of NYC. That was a huge political mistake
by Missoula and had an enormous political backlash in Montana.
First, the Montana Attorney General informed Missoula in an
Opinion that the Missoula UBC was unenforceable because it
violated Montana law limiting local governments' authority to
regulate firearms, Montana's "preemption" law (just as we had
advised the City Council). Then the matter got into Montana
courts and the Montana Supreme Court ultimately echoed exactly
what the Attorney General had already told Missoula.
That dustup triggered HB 357 in the 2019 legislative session which
spawned Legislative Referendum 130. LR-130 was approved by
Montana voters in the 2020 General Election and stripped local
governments of most residual power under Montana law to regulate
firearms, including the power Missoula had abused. This was
notwithstanding that opponents unsuccessfully spent $2 million to
oppose LR-130, while Montana supporters of LR-130 spent absolutely
nothing (MSSA conducted an entirely grassroots campaign in support
of LR-130).
Then, between HB 102 in the 2021 session, which is now signed into
law, and HB 436 which is successfully pending, all remaining power
of local governments to regulate firearms will have been stripped
away.
All of this political fallout occurred because Californiacentric
members of the Missoula City Council insisted, against all advice,
in kicking the particular hornets' nest of a UBC. Because
Missoula was so unwise and eager to be "progressive," every local
government in Montana was stripped of any power to regulate
firearms, power that Missoula had clearly abused according to the
Attorney General and the Montana Supreme Court.
So, this is the recent political history of the UBC concept in
Montana, a history that might serve as a guide for you as you
consider the idea at the federal level. This progressive
political idea is clearly not right for Montana and it is
politically unacceptable here.
If or when H.R. 8 should come before the Senate, we strongly urge
you to both work and vote against it. The political tea
leaves are clear for anyone to read. The UBC concept has
been floated in Montana and proven recently to be highly
unpopular, so unpopular that Missoula has become the political
pariah among Montana local governments for deliberately venturing
into and triggering that political minefield.
Sincerely yours,
Gary Marbut, president
Montana Shooting Sports Association
https://www.mtssa.org
Author, Gun Laws of Montana
http://www.mtpublish.com