Montana's top gun-rights advocate has a national impact

  • Gary Marbut

    Camillia Lanham
 

Guns are Gary Marbut’s life. A self-employed, self-sufficient jack-of-all-trades who lives outside of Missoula, Mont., Marbut says that if he didn’t cast his own bullets, he couldn’t afford to shoot as much as he does: 10,000 to 15,000 rounds per year.

He shoots in both rifle and handgun competitions, teaches concealed weapons classes (he's had about 3,500 students), manufactures target equipment, and hunts elk with a .44 Magnum revolver, because it's more challenging: He has to "sneak-creep" to within 50 yards of an elk to take a shot. In 1989, Marbut also founded what is arguably the most assertive state-level gun-rights group, the Montana Sports Shooting Association. He says his gun-rights advocacy is partly about "individual and personal freedom," and he has been the main leader pushing "55 pro-gun, pro-hunting bills" through the Montana Legislature.

During every session of the Montana Legislature, as president of MSSA, Marbut spearheads the group's lobbying effort for pro-gun rights legislation. He has entrenched himself in this kind of gun battle for more than 20 years, and earned national recognition in 2009 by successfully pushing for passage of the Montana Firearms Freedom Act.

That law, which Marbut wrote and was sponsored by Joel Boniek, R-Livingston, and five other state legislators, declares that any firearm made in Montana that is sold within state borders is exempt from federal firearms regulations: Montanans could sell those guns without the federal license for firearms sellers, and buy them without going through federal background checks.

Marbut based the law on his interpretation of a section in the U.S. Constitution called the Interstate Commerce Clause, which enables Congress to regulate commerce passing over state lines. Marbut and some other gun-rights advocates say the Commerce Clause means that Congress can't regulate commerce that occurs only within a state.

Marbut, who grew up on a 5,000-acre cattle ranch outside of Missoula, lived in Alaska for 10 years. There he taught emergency medicine and was an emergency medical coordinator for rural areas outside Fairbanks. His teaching experience "morphed into" his work for gun rights, he says, since that work is also about "how to teach people to enforce their choice not to be victims."

Marbut's idea that states can avoid federal arms regulations has caught on: Legislatures in seven other states, mostly in the West -- Alaska, Utah, Wyoming, Idaho, Arizona, South Dakota and Tennessee -- have followed Montana’s lead by passing their own versions of a Firearms Freedom Act, in effect mounting a fundamental challenge to federal authority. At least 20 other states have tried unsuccessfully to pass similar laws.

But several U.S. Supreme Court rulings in the past have held that the Commerce Clause allows Congress to regulate some matters that occur only within a state's boundaries, such as medical marijuana and guns. That's also the position of the federal agency that regulates guns -- the Bureau of Alcohol, Tobacco, Firearms and Explosives -- and the U.S. Department of Justice.

It's become a courtroom showdown: Marbut, the MSSA, and several states filed suit against the feds, demanding that the Firearms Freedom Act be carried out. U.S. District Judge Donald Molloy in Missoula dismissed the case in 2010, saying that the Commerce Clause grants Congress the power to regulate firearms, period. Marbut and other plaintiffs took the case to the Ninth Circuit Court of Appeals, where it is waiting to be argued.

Marbut expects that the Ninth Circuit Court of Appeals will rule against him, but his goal is to take the case to the U.S. Supreme Court, where conservative justices have a 5-4 advantage; he hopes for a nationwide ruling severely restricting federal authority. He says the National Rifle Association is not part of the lawsuit yet because "the NRA is never too comfortable pushing the edge of the envelope."

Meanwhile, Marbut continued to lobby the Montana Legislature this year. He was involved in presenting 25 bills, one of which sought to allow people in Montana to carry concealed weapons in cities without a concealed-weapons permit. (State law already allows people to carry concealed weapons without a permit outside city limits.) The Republican-controlled Legislature passed that bill, but Montana Gov. Brian Schweitzer, a pro-gun Democrat, thought it went too far and vetoed it.

High Country News Classifieds
  • NORTHERN NEW MEXICO PROJECT MANAGER
    Seeking qualified Northern New Mexico Project Manager to provide expertise, leadership and support to the organization by planning, cultivating, implementing and managing land conservation activities....
  • NORTH FORK RECREATION DISTRICT ADMINISTRATOR
    The NFPPRD District Administrator provides leadership and managerial services associated with the Recreation District. Facilities include a seasonal pool, ballfields, bike trails, tennis/pickleball and skateboarding....
  • EXECUTIVE DIRECTOR, BADLANDS CONSERVATION ALLIANCE
    The Executive Director of the Badlands Conservation Alliance (BCA) builds and leads a premiere North Dakota advocacy group that serves to protect the ecology of...
  • CLIMATE FELLOW
    Application deadline: Monday, March 6th, 2023, at 5 p.m. MST. Anticipated start date: May 15, 2023 About the position Are you ready to craft an...
  • RISING LEADERS MANAGER
    Application deadline: Monday, March 27, 2023, at 5 p.m. MST Anticipated start date: May 22 or May 30, 2023 About the position Do you want...
  • SENIOR SPECIALIST, LANDSCAPE CONNECTIVITY YELLOWSTONE TO YUKON CONSERVATION INITIATIVE
    About the Organization Yellowstone to Yukon Conservation Initiative (Y2Y) is a joint Canada-U.S. not-for-profit organization with a mission to connect and protect wildlife habitat from...
  • VIRGINIA SPENCER DAVIS FELLOWSHIP
    High Country News, an award-winning magazine covering the communities and environment of the Western United States, seeks applicants for a Virginia Spencer Davis fellow. The...
  • GRANTS MANAGER
    The Grants Manager is a passionate information manager, fundraiser, and communicator versed in government and foundation grant and cooperative agreement writing and management, specifically to...
  • COMMUNICATIONS DIRECTOR
    The Communications Director is a passionate communications professional versed in conservation and regenerative agriculture, as well as nonprofit communications and data management across several program...
  • EDUCATION AND OUTREACH PROGRAM DIRECTOR
    The Education and Outreach Director is a people-oriented facilitator, communications wizard, and team leader who has experience designing, managing, and fundraising for land based educational...
  • ADOBE HOME FOR SALE
    Restored traditional adobe home in No. New Mexico on 1+ acre site, irrigation water, separate large shop/studio. Please email for photos/full description.
  • HIGH COUNTRY NEWS EDITORIAL INTERNS
    High Country News, an award-winning magazine covering the communities and environment of the Western United States, is looking for its next cohort of editorial interns....
  • DEVELOPMENT PROGRAM SPECIALIST
    hat We Can Achieve Together: If you are a detailed individual that takes pride in your accuracy, this position may be the perfect opportunity for...
  • EXECUTIVE DIRECTOR - LEMHI COUNTY HUMANE SOCIETY (SALMON, IDAHO)
    Are you ready to take the reins at Lemhi County Humane Society and make a difference in the lives of countless animals? We are seeking...
  • ENVIRONMENTAL AND CONSTRUCTION GEOPHYSICS
    We characterize contaminated sites, identify buried drums, tanks, debris and also locate groundwater.
  • DEVELOPMENT DIRECTOR
    The Clark Fork Coalition (CFC) seeks an enthusiastic Development Director to lead all fundraising activities in support of our mission to protect and restore the...
  • MATADOR RANCH MANAGER
    The Matador Ranch Manager directs operations, communication, and maintenance for TNC Montana's Matador Ranch preserve with a focus on ecological management and restoration, grazing management,...
  • WESTERN NATIVE SEED
    Native plant seeds for the Western US. Trees, shrubs, grasses, wildflowers and regional mixes. Call or email for free price list. 719-942-3935. [email protected] or visit...
  • CEO BUFFALO NATIONS GRASSLANDS ALLIANCE
    Chief Executive Officer, Remote Exempt position for Buffalo Nations Grasslands Alliance is responsible for the planning and organization of BNGA's day-to-day operations
  • "PROFILES IN COURAGE: STANDING AGAINST THE WYOMING WIND"
    13 stories of extraordinary courage including HCN founder Tom Bell, PRBRC director Lynn Dickey, Liz Cheney, People of Heart Mountain, the Wind River Indian Reservation...