Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Montana poised to buck federal gun control (UPDATED: ATF responds)

  1. #1
    Norville Rogers
    Kernel Sanders's Avatar
    Join Date
    Jul 2008
    Location
    Pittsburgh, PA
    Last Seen
    07-23-12 @ 10:20 PM
    Gender
    Lean
    Undisclosed
    Posts
    3,730

    Montana poised to buck federal gun control (UPDATED: ATF responds)

    Source [Missoulian (AP) | Montana poised to buck federal gun control]

    HELENA, Mont. (AP)-- Montana-made guns may form the basis for a court showdown over states’ rights if the governor signs a bill to release some firearms in the state from federal regulation.

    The proposed law aims to exempt firearms, weapons components and ammunition made in Montana and kept in Montana from federal gun laws. Since the state has few gun laws of its own, the legislation would allow some gunowners and sellers in the state to skirt registration, licensing requirements and background checks entirely.

    *
    “We’d like to just be able to make our own guns here in Montana and have the feds stay out of it,” said Gary Marbut of the Montana Shooting Sports Association, which helped draft the bill.

    The real target, though, is the U.S. Supreme Court. And Marbut and others believe they can hit that mark with a simple Montana-made youth-model single-shot bolt-action .22 rifle.

    In particular, they plan to find a “squeaky clean” Montanan who wants to send a note to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives threatening to build and sell about 20 such rifles without federal dealership licensing. If the ATF tells them it’s illegal, they will then file a lawsuit in federal court n with any luck triggering a legal battle that lands in the nation’s highest court.

    House Bill 246 sailed through the Montana Legislature, but Democratic Gov. Brian Schweitzer has not yet offered a position on the measure, which awaits his action.
    Text of the bill
    Source [Montana Office of Public Instruction | HOUSE BILL NO. 246] (PDF Link)

    AN 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.
    This has greater impact than just gun control. I know nothing of Brian Schweitzer, but I pray that the democratic Governor doesn't veto this bill based on his views on guns. I'd also be disappointed if Congress holds funding hostage in order to evade the Constitution's limits on its power over the states. The federal government has been ballooning, and I'm glad that the states are getting serious about fighting back.

    Moderator's Warning:
    Montana poised to buck federal gun control (UPDATED: ATF responds)Update on information pertaining to ATF's response found in POST #6
    Last edited by Zyphlin; 07-17-09 at 02:52 PM.

  2. #2
    ΜΟΛΩΝ ΛΑΒΕ!
    stevenb's Avatar
    Join Date
    Dec 2007
    Location
    Gilbert, Az
    Last Seen
    11-28-09 @ 08:32 PM
    Gender
    Lean
    Libertarian
    Posts
    1,560

    Re: Montana poised to buck federal gun control

    Quote Originally Posted by Kernel Sanders View Post
    Source [Missoulian (AP) | Montana poised to buck federal gun control]



    Text of the bill
    Source [Montana Office of Public Instruction | HOUSE BILL NO. 246] (PDF Link)



    This has greater impact than just gun control. I know nothing of Brian Schweitzer, but I pray that the democratic Governor doesn't veto this bill based on his views on guns. I'd also be disappointed if Congress holds funding hostage in order to evade the Constitution's limits on its power over the states. The federal government has been ballooning, and I'm glad that the states are getting serious about fighting back.

    GG Montana, too bad they're not doing this for select-fire weapons.

    But I guess you gotta start off with baby steps.
    George Washington didn't use his freedom of speech to win the war with Britain... He shot them.

  3. #3
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 12:21 PM
    Gender
    Lean
    Independent
    Posts
    51,124

    Re: Montana poised to buck federal gun control

    Quote Originally Posted by Kernel Sanders View Post
    Source [Missoulian (AP) | Montana poised to buck federal gun control]

    Text of the bill
    Source [Montana Office of Public Instruction | HOUSE BILL NO. 246] (PDF Link)

    This has greater impact than just gun control. I know nothing of Brian Schweitzer, but I pray that the democratic Governor doesn't veto this bill based on his views on guns. I'd also be disappointed if Congress holds funding hostage in order to evade the Constitution's limits on its power over the states. The federal government has been ballooning, and I'm glad that the states are getting serious about fighting back.
    I would just like to point out that even if someone reading this is passionately against gun ownership, that the OP disserves your "thanks" because it contained a quote & link of the article, a quote & link to the actual legislation itself, and brief commentary free from hyper-partisanship to spark a discussion.

    Well don, Kernel Sanders, well don
    Last edited by Jerry; 04-06-09 at 12:22 AM.

  4. #4
    Banned
    Join Date
    Dec 2008
    Location
    Timbuktu
    Last Seen
    01-30-12 @ 08:09 AM
    Gender
    Lean
    Slightly Conservative
    Posts
    2,730

    Re: Montana poised to buck federal gun control

    I like what they're doing but...

    If they succede in this type of loophole then I can see states following suit in other laws like California with their pot, etc.

  5. #5
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 12:21 PM
    Gender
    Lean
    Independent
    Posts
    51,124

    Re: Montana poised to buck federal gun control

    Quote Originally Posted by creativedreams View Post
    I like what they're doing but...

    If they succede in this type of loophole then I can see states following suit in other laws like California with their pot, etc.
    That's fine by me.

  6. #6
    Norville Rogers
    Kernel Sanders's Avatar
    Join Date
    Jul 2008
    Location
    Pittsburgh, PA
    Last Seen
    07-23-12 @ 10:20 PM
    Gender
    Lean
    Undisclosed
    Posts
    3,730

    ATF Responds to Montana Firearms Freedom Act

    Followup to original story that can be found here (Montana poised to buck federal gun control)

    Source [ATF Online | Open Letter to all Montana Federal Firearms Licensees (PDF Direct Link)]



    This wholly unsurprising move by the ATF is a good development. Montana intends to push the issue in court, and I don't see how the feds could win this one (although from abortion to marijuana there have been some pretty f***ed up decisions regarding federal power). Stay tuned, it could get interesting

    **NOTE**
    I don't have a link to a news story - just the original document by the ATF. It seems like this should be acceptable in BN, but if not I'm sure it will get moved in due time
    Last edited by Kernel Sanders; 07-17-09 at 02:32 PM.

  7. #7
    Banned
    Join Date
    Jun 2006
    Last Seen
    08-29-17 @ 09:28 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    16,575

    Re: ATF Responds to Montana Firearms Freedom Act

    Quote Originally Posted by Kernel Sanders View Post
    Followup to original story that can be found here (Montana poised to buck federal gun control)

    Source [ATF Online | Open Letter to all Montana Federal Firearms Licensees (PDF Direct Link)]



    This wholly unsurprising move by the ATF is a good development. Montana intends to push the issue in court, and I don't see how the feds could win this one (although from abortion to marijuana there have been some pretty f***ed up decisions regarding federal power). Stay tuned, it could get interesting

    **NOTE**
    I don't have a link to a news story - just the original document by the ATF. It seems like this should be acceptable in BN, but if not I'm sure it will get moved in due time
    You're right in that I don't see how the Feds can INITIALLY win. However, if one of these guns are used in a crime in another state, the feds would have the right to step in then wouldn't they?

  8. #8
    Tavern Bartender
    Constitutionalist
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Today @ 04:19 PM
    Gender
    Lean
    Conservative
    Posts
    76,277

    Re: Montana poised to buck federal gun control

    Quote Originally Posted by creativedreams View Post
    I like what they're doing but...

    If they succede in this type of loophole then I can see states following suit in other laws like California with their pot, etc.
    What loophole? You mean the 2nd Amendment? Clearly the governor can make the assertion to exempt these arms under the 2nd Amendment for the purposes of a state militia.

    Seems pretty cut and dry to me.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  9. #9
    Tavern Bartender
    Constitutionalist
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Today @ 04:19 PM
    Gender
    Lean
    Conservative
    Posts
    76,277

    Re: ATF Responds to Montana Firearms Freedom Act

    "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
    I think the governor has the right.
    Last edited by American; 07-17-09 at 02:45 PM.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  10. #10
    Norville Rogers
    Kernel Sanders's Avatar
    Join Date
    Jul 2008
    Location
    Pittsburgh, PA
    Last Seen
    07-23-12 @ 10:20 PM
    Gender
    Lean
    Undisclosed
    Posts
    3,730

    Re: ATF Responds to Montana Firearms Freedom Act

    Quote Originally Posted by TheNextEra View Post
    You're right in that I don't see how the Feds can INITIALLY win. However, if one of these guns are used in a crime in another state, the feds would have the right to step in then wouldn't they?
    I don't think so. There would be a gun trafficking crime over which they'd have jurisdiction, but that shouldn't affect this law

Page 1 of 2 12 LastLast

Posting Permissions

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