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Lawmaker’s new proposal would hit feds with charges

January 14, 2011
Bob Unruh
1/12/2011

Tells IRS, DEA, BATFE agents to get authorization for arrests from sheriffs

The state of Montana, which came up with the idea that the guns made, sold and kept inside its borders simply are exempt from federal regulations and made that its law, now is considering a new weapon that could be used to cancel much of the authority of federal agents over its residents.

A new legislative proposal would declare that the state’s local county sheriffs are the pre-eminent law enforcement authority in their jurisdictions, and federal agents such as those working for the Internal Revenue Service, Federal Bureau of Investigation, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and others, would be required to get permission from them before they could take any action.

The proposal, Senate Bill 114, is called “An act regulating arrests, searches, and seizures by federal employees; providing that federal employees must obtain the county sheriff’s permission to arrest, search, and seize; providing exceptions; providing for prosecution of federal employees violating this act; rejecting federal laws purporting to give federal employees the authority of a county sheriff in this state; and providing an immediate effective date.”

Inside that mouthful of provisions is a requirement that federal agents work through and get permission from sheriffs before taking any action to arrest anyone, seize any object or search anywhere. And it includes a promise of consequences if that is not followed:

“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,” the bill explains.

And now… the rest of the story. …..

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