Montana fires a warning shot over states' rights
Results 1 to 6 of 6

Thread: Montana fires a warning shot over states' rights

  1. #1
    Join Date
    Sep 2007
    Location
    New Orleans, LA
    Posts
    2,784

    Montana fires a warning shot over states' rights

    Montana is trying to trigger a battle over gun control—and perhaps make a larger point about what many folks in this ruggedly independent state regard as a meddlesome federal government.

    In a bill passed by the Legislature earlier this month, the state is asserting that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed.

    That notion is all but certain to be tested in court.

    The immediate effect of the law could be limited, since Montana is home to just a few specialty gun makers, known for high-end hunting rifles and replicas of Old West weapons, and because their out-of-state sales would automatically trigger federal control.

    Still, much bigger prey lies in Montana's sights: a legal showdown over how far the federal government's regulatory authority extends.

    "It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," said Democratic Gov. Brian Schweitzer, who signed the bill.

    Carrie DiPirro, a spokeswoman for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, had no comment on the legislation. But the federal government has generally argued that it has authority under the interstate commerce clause of the U.S. Constitution to regulate guns because they can so easily be transported across state lines.

    Guns and states' rights both play well in Montana, the birthplace of the right-wing Freemen militia and a participant in the Sagebrush Rebellion of the 1970s and '80s, during which Western states clashed with Washington over grazing and mineral extraction on federal land.

    Montana's leading gun rights organization, more hardcore than the National Rifle Association, boasts it has moved 50 bills through the Legislature over the past 25 years. And lawmakers in the Big Sky State have rebelled against federal control of everything from wetland protection to the national Real ID system.

    Under the new law, guns intended only for Montana would be stamped "Made in Montana." The drafters of the law hope to set off a legal battle with a simple Montana-made youth-model single-shot, bolt-action .22 rifle. They plan to find a "squeaky clean" Montanan who wants to send a note to the ATF threatening to build and sell about 20 such rifles without federal dealership licensing.

    If the ATF tells them it's illegal, they will sue and take the case all the way to the U.S. Supreme Court, if they can.

    Similar measures have also been introduced in Texas and Alaska.

    "I think states have got to stand up or else most of their rights are going to be buffaloed by the administration and by Congress," said Texas state Rep. Leo Berman.

    Critics say exempting guns from federal laws anywhere would undermine efforts to stem gun violence everywhere.

    "Guns cross state lines and they do so constantly, and this is a Sagebrush Rebellion-type effort to light some sort of fire and get something going that's pleasing to the gun nuts and that has very little actual sense," said Peter Hamm, communications director for the Brady Campaign to Prevent Gun Violence.

    In a 2005 case, the U.S. Supreme Court upheld the enforcement of federal laws against marijuana in California, even if the drug is for medical purposes and is grown and used within the state. The court found that since marijuana produced in California is essentially indistinguishable from pot grown outside the state, the federal government must have the authority to regulate both to enforce national drug laws.

    Randy Barnett, the lawyer and constitutional scholar who represented the plaintiff in the California case, said that Montana could argue that its "Made in Montana"-stamped guns are unique and sufficiently segregated as to lie outside federal regulation.

    Supporters of the measure say the main purpose is not extending gun freedoms, but curbing what they regard as an oppressive interpretation of the interstate commerce clause and federal overreach into such things as livestock management and education.

    "Firearms are inextricably linked to the history and culture of Montana, and I'd like to support that," said Montana state Rep. Joel Boniek, the bill's sponsor. "But I want to point out that the issue here is not about firearms. It's about state rights."

    Source: Mercury News


    Memberships: NRA, GOA, USCCA
    Guns: Glock 26, Ruger LCP, Beretta 90-Two .40, Beretta PX4 Storm Subcompact 9MM, Beretta Tomcat, Bushmaster Patrolman M4

  2.   
  3. #2
    I wish them luck.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  4. #3
    God bless Montana! If only I could convince my wife to move, I'd be there in a heartbeat. (BTW, Second choice would be Alaska, and 3rd- Texas)

  5. #4
    Join Date
    Sep 2007
    Location
    Иєш Лєяжşєşŧăŋ
    Posts
    1,084
    Caught this elsewhere on the web today...
    ---------------------------------------------------
    MONTANA Court Case
    Montana Governor Signs New Gun Law Short Title. “Montana Firearms Freedom Act.”
    Executive Summary – The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY. The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal – confiscation of privately owned firearms. Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obama's face. If the federal government does nothing they lose face. Gotta love it. Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA? Silencers made in Montana and sol in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back.Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters. There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana! Discussion – Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not. Text of the New Law HOUSE BILL NO. 246INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL, WARBURTONAN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Firearms Freedom Act". Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 6] is the following: (1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889. (2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights, as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889. (3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition. (4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889. (5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists, as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.Section 3. Definitions. As used in [sections 1 through 6], the following definitions apply: (1) "Borders of Montana " means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution. (2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speed-loaders, ammunition carriers, and lights for target illumination. (3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins. (4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials. Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as un- machined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana. Section 5. Exceptions. [Section 4] does not apply to: (1) a firearm that cannot be carried and used by one person; (2) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant; (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing devise. Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 6] must have the words "Made in Montana " clearly stamped on a central metallic part, such as the receiver or frame. Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 6]. Section 8. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.
    --------------------------------------------------------------------
    God Bless Montana!
    NRA Life; GOA Life; CCRKBA Life; Trustee, NJCSD; F&AM: 32° & KT
    The Only Answer to a Bad Guy with a Gun - Is a Good Guy with a Gun!
    When Seconds Count...The Police are only MINUTES Away!

  6. Hooray Montana!

  7. If I understand the law correctly, this would overturn the Wickard v. Filburn. This would be HUGE. Most of the federal governments regulatory ability comes from this decision. It would basically overturn most of the Federal regulations currently in existance. HUGE!!! I don't know if it would be better or worse, but it would be huge.
    You can have peace. Or you can have freedom. Don't ever count on having both at once.
    Robert A. Heinlein

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast