Fighting Back: Will Montana be the First State to Allow Sheriffs to Arrest Federal Agents?

Montana moved one step closer to taking back the States power, after the Legislature’s House Judiciary Committee passed the so-called “sheriffs first” bill. The bill, which has many in the federal government already crying foul, declares the local sheriff to be the supreme law of the land.

montanaThe bill, entitled “AN ACT REGULATING ARRESTS, SEARCHES, AND SEIZURES BY FEDERAL EMPLOYEES”, requires federal agents to get a sheriff’s permission before making any arrests, or serving any warrants in the State of Montana. Should any federal agent make an arrest without this permission, the bill enables local Sheriffs to arrest the federal agent and charge them with kidnapping and trespassing charges.

The bill, HOUSE BILL NO. 303 written by Gary Marbut, passed both houses in 2011 but was vetoed by then governor Brian Schweitzer. This time,  should the “sheriffs first” bill clear the Republican-controlled House and Senate, it will go directly to the people for a ballot vote in November 2014. The direct ballot would make it impossible for the Democrat Governor, Gov. Steve Bullock, to veto the bill.

The current bills language says:

Pursuant to the 10th amendment to the United States constitution and this state’s compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.

A federal employee who is not designated by Montana law as a Montana peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur.

Penalties in the bill are as follows:

An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and the persons involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved must also be charged with any other applicable criminal offense in Title 45.

Sheriffs across the Country Watching What’s Happening in Montana

Across the country similar bills are being proposed, and in some areas the local Sheriffs aren’t waiting for further legislation. A growing number of numbers of sheriffs from around the country are already telling the Feds to stay out of their jurisdictions. Sheriffs from New York, Kentucky, Alabama and Oregon have all joined forces in an effort to take back their State’s power.

A number of them have written the Obama Administration to tell them they will not allow federal authorities to come into their communities to confiscate guns, or to violate their resident’s constitutional rights.


  1. Dumbass
    February 22, 2013 at 4:31 pm

    It amazes me how many of you illiterate idiots are simply cheering on a train-wreck. You do understand that the supremacy clause makes Montana’s law BS, right?

    • They're scared
      February 22, 2013 at 5:20 pm

      This comment shows you how scared they are. The progressive communists are out is full force spamming any website that talks about this with the same bullshit supremacy clause crap. This is nothing more than the Obama truth squads spreading their propaganda

      • Robert
        February 23, 2013 at 4:22 am

        The pseudonym says it all…

    • EvilGenius
      February 22, 2013 at 5:24 pm

      The Supremacy Clause only applies if Congress is acting in pursuit of its Constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of—that is, consistent with—the Constitution.

      We the people reserve ALL rights to nullify an unconstitutional law. the Tenth Amendment allows us to retain all the powers outside of the ENUMERATED POWERS of the Federal Government. Read the Federalist papers and read and reread and reread again Article 6 Clause 2 of the Constitution which IS THE LAW OF THE LAND. Also, read read and reread and reread again the 10th Amendment to that Constitution. Once you have done that then you can drop dead.

      • Whoisthisreally
        February 22, 2013 at 5:31 pm

        Wow, Dumbass, looks like you need to go to a civics class to learn about our laws and how they apply. EvilGenius, is exactly right. The federal government only has 18 enumerated powers allowed by the Constitution, the rest are retained by the ‘several states and its people.’

        Better brush up on your history Dumbass!

        • Bubba Zanetti
          February 27, 2013 at 3:49 pm

          Wow double dumbmass… there are 30 in Article 1 Section 8… where did you get 18 from?

    • Joe shit
      February 22, 2013 at 7:23 pm

      I’ll see your supremacy clause and raise you an AR-15.

      Eat shit, bitch!

      • Ignorance...
        February 24, 2013 at 10:11 pm

        Your ignorance must be bliss… I can’t think of any other reason for such a post – other than an alcohol filled rant.

    • Not Important
      February 22, 2013 at 10:43 pm

      “This Constitution and the laws of The United States which shall be made in the Pursuance thereof, and all treaties made, or which shall be made,under the Authority of the United States, shall be the supreme law of the land;…” So if a law is passed, NOT IN PURSUANCE of the U.S. Constitution it is NOT the SUPREME LAW of the land?
      The carrying out of a plan or action.
      The action of trying to achieve something.)
      it is NOT the SUPREME LAW of the land

    • Longarm
      February 23, 2013 at 7:42 am

      Mentally, I am behind this attitude and sought effect…Supremacy Clause aside tho, you cannot pick and choose which parts of the Constitution you want upheld vs. which ones you choose to deny/ignore. Sorry folks, it is all or nothing! If this rumble is about the right to bear arms – our right comes from the Power way above any Constitution from the get-go.

    • old soldier
      February 23, 2013 at 10:08 am

      I’ll ask you this question: what happened in 1861 when the Federal Govt tried to tell the states what to do?

      • Ass Whooping
        February 24, 2013 at 10:15 pm

        Those “rebel” states got their butts handed to them! That’s what happened. Same thing would happen today, and if people don’t believe it… they’re in for a rude awakening.

    • Jonny B. Goode
      February 24, 2013 at 6:53 pm

      blah blah blah

    • Dave Dube
      February 25, 2013 at 5:05 pm

      LOL. Your name says it all, and my 2nd & 4th Amendment Rights trump your Supremacy Clause. It’s the Bill of Rights, Dumbass. I liked saying that. I’ll say it again. It’s the Bill of Rights, Dumbass.

    • Tex Mex In San Marcos
      February 25, 2013 at 5:47 pm

      You need to stop listening to the feds. You need to go and read the Supremacy Clause and try to understand what it means. Word for word. Stop listening to the left. Why do you think the feds are scared? Because, they know what the supremacy clause really means. And it’s not your interpretation. You are exactly what your name is. A dumbass.

    • Donald Iverson
      March 13, 2013 at 2:20 pm

      @ dumbass, you’re name here is well chosen, as you beleive this will end with the Supremacy clause, obviously you are not aware of The Dick Act of 1902, also known as Efficiency of the Militia HR 11654 (1902)WHICH TAKES PRECEDENT OVER THE 2ND AMENDMENT ISSUE FOR ALL TIME… making everything in the way of gun control a mute point. There can be no control of any legal citizen’s right to have as many guns and of whatever variety they desire if it is available to our military. As our founders realized, when there is a need for an organized military, there is a need for the citizen’s militia to ensure the army remains loyal to the citzens, not the government, which can be perverted, as we are seeing now.

    • 4Horsemen
      March 23, 2013 at 7:11 pm

      Wrong, Dumbass! Nice try there from a liberal troll. The fact is states are going to pass these laws and they are and will be LEGAL. Plain and simple. You lose Dumbass!!!

    • txjazzman
      April 8, 2013 at 2:55 pm

      Your “Handle” says it all………..


    • Harold poole Enter your name...
      April 19, 2016 at 4:22 am

      You guys are such dummys, constitution says feds trump state, and you always cry unconstitutional. Duhhh

  2. Libtards
    February 22, 2013 at 5:12 pm

    I love when you libtards try to pretend you understand the law. We have something called the Constitution that says the States have the power.

    I realize you people can’t separate your love for the supreme leader in Washington from the facts, but if you hate America so much LEAVE! The States have the power not the feds. Move to California if you don’t like it, I’m sure all the idiots out there will cheer for your idiotic nonsense.

    GO MONTANA!!!!!

    • NormalGUy
      February 23, 2013 at 10:11 pm

      While I’m for what Montana is doing, I think this guy is the ‘tard.

      ANYONE who uses the old go-to ‘If you hate America, leave’ exposes their self and all of their opinions as outdated, unoriginal, and, frankly, boring.

      • Justagirl
        February 24, 2013 at 8:32 am

        I use to believe your point of view until just recently when I was having a convo with a close co-worker and to my astonishment she said she hated America and wished she could denounce her citizenship… I couldn’t believe my ears. Liberals are out there that hate our country this much and so I do say LEAVE.

        • catchesthewind
          February 24, 2013 at 8:12 pm

          Justagirl. Tell your co-worker if she truly wants to renounce her citizenship, all she needs to do is go to the nearest U S Embassy and tell the consulate staff she wants to renounce. They will do the rest.

      • Jonny B. Goode
        February 24, 2013 at 6:55 pm

        No, you’ve just proved you’re the TARD and another obamanation worshipper. Go Montana!!!

    • Show Me...
      February 24, 2013 at 10:17 pm

      Please, show me in the constitution where it gives the states power? Succession is illegal and it shouldn’t be. So please, show me where states have any power other than to pay taxes and be obedient…

      • scoutmama
        February 25, 2013 at 11:31 am

        It’s “secession”, not “succession”…as in “to secede would be to succeed”. Just a note…

        • Dave Dube
          February 25, 2013 at 5:07 pm

          LOL. Show Me a Dumb Ass – all in one thread. Unbelievable.

      • Bubba Zanetti
        February 27, 2013 at 4:18 pm

        Perhaps you should read the Constitution sometime.

        Article 1 Section 8 enumerates 30 (35 depending on how you list them) powers of the Congress of the USA. The 10th Amendment to the Constitution says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

        In a nutshell, the writers of the Constitution made it clear in the Constitution that the Federal Government had specific powers and any power NOT specified was reserved to the states or the people of the states.

        If states continue to allow the imposition of federal control and the perception that “federal law trumps state law”, we have destroyed the principles of the Republic and the Federal Constitution which defines the limits of federal jurisdiction and specifically reserves to the states’ those rights not delegated to the federal government. We are redefining and enforcing the Constitution to a communitarian rule of law which subjects individual rights to the majority rule of the community.

        • Harold poole
          April 19, 2016 at 4:40 am

          Nowhere either is power given to a sheriff in the constitution, sheriffs don’t exist in the Co stitution, but the supremacy clause giving power to the federal government is.

  3. Brian
    February 23, 2013 at 10:02 am

    Wyoming already has laws on the books that forbid Feds from enforcing some gun laws. Jail time and all.

    • Ok...
      February 24, 2013 at 10:10 pm

      The government has already released statements denouncing any state law that forbids federal agents coming into the state to enforce federal law. You don’t think the government will send in a large unit of semi-military and ATF/DEA to take over your Sheriff’s office to execute their warrants?

      You’re a fool if you think your state laws will protect you. Common sense here people… you want to fight the power, do it the only way they know how… file the lawsuit, hire the lawyer, get your rep to do his job!

  4. dave
    February 23, 2013 at 1:27 pm

    to hell with all the politics this line that this section that my local sheriff sent that F#$%er a letter saying he wont allow it (gunlaws) to happen hear the cops are on are side when it comes to guns we’ll beat them back support you local law enforcement they are you neibors your freind and your family talk to them and make your voice heard inless they are all AFU then vote them out it all comes down to a matter of openionfor each person on what to do

  5. No Offense
    February 24, 2013 at 9:58 pm

    The Constitution does not GIVE the states power. Supreme Clause as interpted by the Supreme Court says Federal trumps state, no matter the constitutionality – until revoked by the Supreme Court.

    You can’t post parts of the constitution and avoid the most obvious parts.

    I am all for states’ rights. Hell, succession should not be a crime, but it is. This is the real threat to America. The Feds have given themselves ultimate power. They created things like the Patriot Act and Executive Orders for martial law and censorship.

    While it is illegal to go against any federal regulation as a state, I believe the states need to take a stand. They should file lawsuits, re-write their constitutions, and form a union of states. Standing a lone is foolish.

    The civil war showed us what happens to states if they disobey the federal government. Don’t be shocked when Obama used the UN Security Forces to quell any civil uprising from states or to avoid your states law against federal agents.

    Open your eyes. Laws and regulations will not stop the feds. If states want to get it done, they need to stand together.

    • Bubba Zanetti
      February 27, 2013 at 4:22 pm

      The authority of the U.S. Government under the Constitution is LIMITED to certain topics and areas. Within those areas, Federal law DOES trump State law. However outside of those areas, the Federal government is not supposed to regulate at all. Under the Constitution, regulation outside of those proper areas is really VOID, to put it bluntly.

      Article 1 Section 8 enumerates 30 (35 depending on how you list them) powers of the Congress of the USA. The 10th Amendment to the Constitution says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      If states continue to allow the imposition of federal control and the perception that “federal law trumps state law”, we have destroyed the principles of the Republic and the Federal Constitution which defines the limits of federal jurisdiction and specifically reserves to the states’ those rights not delegated to the federal government. We are redefining and enforcing the Constitution to a communitarian rule of law which subjects individual rights to the majority rule of the community.

  6. Also...
    February 24, 2013 at 10:05 pm

    I admire those who say they would “shoot” first, ask questions later if federal agents came to their door to confiscate their firearms. However, in my experience, I know better. I have been sent to people’s homes to take their firearms, their illegal explosives, and shit down their moonshine distilleries.

    Not once was I ever shot at. So you say, if I came to your door it would be different? I stand firm that it would not. When you see an agent at your door with a 45, 12-15 agents around your house with the same and snipers across your street with 50 caliber sniper rifles, your attitude changes very quickly. Especially if you have children.

    If the government were to take your guns. They wouldn’t do it with people like me. They use me when it is a known offender, small time. Federal agencies like to avoid conflict. They will lure you out of your home, via IRS audit, gas leak or some other excuse, then execute a search warrant on your home.

    They will then later arrest you and lock you up.

    People need to be aware, shooting agents will not solve anything. I’ve seen how they react when violence is involved in a seizure of assets/weapons.

    • Dave Dube
      February 25, 2013 at 5:12 pm

      The Sheriff better be at the head of the pack, or they get nothing.

      • LOL...
        February 25, 2013 at 7:33 pm

        Who’s the dumbass now? lol

        Sheriff will be leading the charge to take your weapons once he realizes the feds are going to throw his ass in jail for contempt and obstruction.

  7. Lindsay
    March 24, 2013 at 2:21 pm

    Play your games for who rules the sandbox sheriff’s, but if in the future your state reaches out to the federal government for help, or funding, don’t be surprised if they say NO.

  8. Motley
    July 16, 2014 at 11:59 am

    Well, Thomas Jefferson said “The cornerstone of democracy is an educated electorate”. After reading many of these posts , I am certainly fearful.

    One may not like Article 1 Section 8 nor Article 6 of the Constitution but is quite clear what they state, one of which is suppressing insurrections if it becomes necessary.

    Montana of which I am a resident may pass said law, but it would certainly would be declared unconstitutional especially by the conservative Supreme Court.

    knowing how corrupt some of the local law enforcement and sherriffs are I would not care for them to have that much authority in any event.

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