UPDATE: Federal court strikes down ‘Firearms Freedom Act’


Montana’s ‘Second Amendment and Firearms Protection Act’ – the model for Florida’s draft legislation – was struck down by federal court.

by Lee Williams

A story published last week introduced the “The Second Amendment and Firearms Protection Act,” a bill which its supporters said declares weapons and ammo manufactured in a state that remain in a state as intra-state commerce, and thus immune from federal regulation.

The bill was promulgated by the Southwest Florida Citizens Alliance, a coalition of grassroots groups and individuals based in Lee and Collier Counties.SWFCA

The draft bill was patterned after laws already in effect in Kansas and Montana and eight other states.

It’s supporters said the bill would protect Floridians in the event that an executive order is issued or a federal law is passed that targets specific firearms, ammunition or magazines.

However, after nearly three years of litigation, which probably won’t end here, the United States Court of Appeals for the 9th Circuit has just ruled in the Montana “Firearms Freedom Act” case.

The Court invalidated the Montana law.

keltecThe Montana law is the law after which the Kansas law was patterned and subsequently the “Second Amendment and Firearms Protection Act” in Florida that is currently being promoted by the SWFL Citizens Alliance.

Marion Hammer, executive director of the Unified Sportsmen of Florida and an NRA past president, strongly opposes the legislation, which she says is “not really about guns.”

“I have said repeatedly that it is folly to drag Florida into legislation that has been involved in a court battle for around 3 years.  The time to consider such legislation is when it is finished playing out in the courts.  Further, when it comes to guns, this legislation is really symbolism over substance and that does nothing for average, law-abiding gun owners,” Hammer said. “To be clear, this is a Commerce Clause case, not a Second Amendment case.  This case is about state’s rights under the 10th Amendment, and not really about guns.”


About Author

Lee Williams can’t remember a time in his life when he wasn’t shooting. Before becoming a journalist, Lee served in the Army and worked as a police officer. He’s earned more than a dozen journalism awards as a reporter, and three medals of valor as a cop. He is an NRA-certified law enforcement firearms instructor, an avid tactical shooter and a training junkie. When he’s not busy as a senior investigative reporter, he is usually shooting his AKs, XDs and CZs. If you don’t run into him at a local gun range, you can reach him at 941.284.8553, by email, or by regular mail to 1777 Main St., Sarasota, FL 34236. You can follow him on Twitter: @HT_GunWriter and on Facebook @The Gun Writer.


  1. Pingback: UPDATE: Federal court strikes down 'Firearms Freedom Act' | The Gun Feed

  2. I’m confused. If Marion Hammer is against the legislation then isn’t the law being struck down good for 2nd Amendment Supporters?

  3. How is it that when ever a politician, judges, mayors, etc. get elected they always seem to have grown up in high rise buildings in very populated areas. L.A., N.Y D.C. etc. They have never seen a farm tractor, construction equipment, mining equipment, oil field equipment, or even sat behind a steering wheel. But they are instant experts on all of above. And having never held a legal job themselves, they start mandating how we the people should bow down to them and run our business. A good example is when they stole General Motors and sold it to a foreign co. Tell me of one of them that could plant a kernel of corn or dress a turkey.
    The commerce clause 10th amendment has told the feds that they DON’T have control on intra state business actions PERIOD. This means every thing including fire arms .

  4. Travis Hester on

    Do we need any more reminders of what “good” the NRA is doing us? Take the money and run? I’ve lived in Montana for many years and hold an ffl lic.

  5. All due respect to Ms. Hammer, with whom my father Fielding Greaves served honorably (and she praised him at his retirement) with the Board of the National Rifle Assoc., but I have to disagree with her “approach”. If we wait for courts to sort things out for us, then WE are negligent in OUR honor, duty, and county obligations, which my recently late father swore fealty. Marion ought to know better than to await government tyrants to decide when a battle must be joined. Otherwise, why should I remain a Life Member of the NRA???

  6. Travis makes a good point. I wrote, long ago, to the NRA when Wayne La-overpaid-pierre came to Montana and, while pushing to re-elect DEMOCRATS, talked about MT’s “huntin’ ‘n’ fishin’ ” heritage as if everyone in Montana knew not how to spell or pronounce simple English words. I, of course, was ignored. My father had a great deal of respect for Marion, but I fear she has become a stooge for the lesser Bush.

  7. Apparently Marion Hammer, like so many in this illiterate Republic, does not know that there are NO SUCH THINGS as “states’ rights”. Rights belong to individual people – not to governments nor to nations nor to states within a Republic. Show me where, if you disagree Marion, the phrase “states rights” exist in the United States Constitution…

  8. Citizens and states will have to nullify the acts of tryanny. Hopefully armed resistance can be avoided. At this point, you are either an American or you are not. Both republicans and democrates have committed Treason and violated their oaths.

  9. why would a corrupted progressive FEDERAL court , side with the Constitution and States rights…they would not and they would back up the FEDERAL government…..the 9th dist…is the elite of this type of ‘decisions’……..State militias are needed to enforce STATE laws, against Federal and UN tyranny…..as it used to be…the state is supreme…and sovereign

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