~Basil

Montana Shooting Sports Association
Public Advisory
June 23, 2023

Based on current information, the Montana Shooting Sports Association (MSSA) condemns the recent excessive raid on the Highwood Creek Outfitters gun shop and range in Great Falls by the Internal Revenue Service (IRS) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). MSSA is the primary political advocate for
Montana gun owners.

On Wednesday, June 14th, a reported 20 federal agents, mostly from the IRS, descended upon the gun shop before business hours. These agents are reported to have been tricked out in full combat gear and carrying machine guns, all just to look at the gun shop's paperwork.

MSSA finds several serious problems with this operation. First, the op was a clear violation of public policy established by the Montana Legislature. The perpetrators of this federal op kept it secret from the elected county sheriff, contrary to policy established by the Legislature with House Joint Resolution No. 28 passed by the Montana House and Montana Senate in 1997. HJ 28 instructs federal agencies to notify the elected county sheriff before conducting ops in Montana. The Secretary of State was instructed to send copies of HJ 28 to the IRS and BATFE. Apparently, some of those agencies' personnel didn't get this unexpired memo.

Second, the 20 agents involved were kitted up with full military-style combat gear and weapons for a job that needed two accountants with pocket protectors, mechanical pencils, and calculators. This over the top assault must be either an attempt to intimidate Montana people or be evidence of serious fear by federal employees. Fear by feds seems more likely as Montanans are not so easily intimidated.

Third, the IRS agents confiscated and took tens of thousands of Form 4473s, the form a gun buyer is required to complete to make a firearm purchase at a federally licensed gun dealer. Not only were these 4473s reportedly not listed on the search warrant the agents offered, they contain information that is supposed to be beyond the reach and purview of the IRS. They do not contain financial information relevant to the IRS.

Fourth, it is possible that the IRS may not legally possess the
information taken from the shop on the thousands of 4473s it
confiscated.

Fifth, it is reported that many of the agents involved were drawn by the IRS from other states. This may run afoul of the prohibition on importation of armed men in the Montana Constitution at Article II, Section 33. This raid also has implications for the Montana Constitution's right to privacy at Article II, Section 10 and the right to keep or bear arms at Article II, Section 12.

This misadventure encourages MSSA to return to the Legislature in 2025 with its "Sheriffs First" bill that, if passed, would make it a state crime for a federal agent to arrest, search, or seize in Montana without the advanced written permission of the elected and locally-accountable sheriff. This measure is intended to prevent catastrophes like the disaster in Waco, Texas in which the FBI and BATFE burned scores of innocent women and children to death in a botched and overzealous raid. It would also likely prevent the problems listed above with the recent Great Falls gun shop raid.

Montana Attorney General Austin Knudsen will be looking closely at some of these problems with the recent Great Falls raid discussed above.

Supporters of Highwood Creek Outfitters plan a rally on Saturday, July 1st, at 205 9th Avenue South in Great Falls, beginning at 10 AM. Interested area supporters are invited to attend.

MSSA continues to be the primary political advocate for Montana gun owners, getting pro-gun legislation enacted every legislative session.Since its founding, MSSA has now gotten 71 pro-gun measures passed and signed into law. Interested gun owners can join MSSA via its Website at mtssa.org.

Gary Marbut, President, MSSA
Randy Pinocci, Vice President, MSSA

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Gary Marbut, President
Montana Shooting Sports Association
http://www.mtssa.org
Author, *Gun Laws of Montana*
http://www.mtpublish.com