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Thread: "Made in Montana Law" Challenges Federal Powers

  1. #1
    Join Date
    Sep 2005
    Los Angeles
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    09-22-10 @ 02:36 AM

    "Made in Montana Law" Challenges Federal Powers

    Montana Law Challenges Federal PowersA new Montana gun law puts the state at the forefront of a national bid to restore states' rights by attacking up to a century of federal court decisions on Washington's power.

    Two other states - Alaska and Texas - have had favorable votes on laws similar to Montana's, declaring that guns that stay within the state are none of the feds' business. More than a dozen others are considering such laws, and more-general declarations of state sovereignty have been introduced this year in more than 30 legislatures.

    The federal courts may not respond well to these laws in the short term, but backers who acknowledge this say that regardless, they intend for the laws to change the political landscape in the long term. They hope these state laws will undercut the legitimacy of contrary federal law - as has happened with medicinal marijuana - and even push federal courts to bend with the popular wind.

    "What's going on is that people all over the country have decided, 'Enough is enough,' " said Kevin Gutzman, a professor at Western Connecticut State University and the author of "Who Killed the Constitution?" "This is supposed to be a federal system, but instead Congress seems to think it can legislate anything it wants."

    In May, Montana became the first state to approve the Firearms Freedom Act, which declares that guns manufactured and sold in the Big Sky State to buyers who plan to keep the weapons within the state are exempt from federal gun regulations.

    According to the act's supporters, if guns bearing a "Made in Montana" stamp remain in Montana, then federal rules such as background checks, registration and dealer licensing no longer apply. But court cases have interpreted the U.S. Constitution's Interstate Commerce Clause as covering anything that might affect interstate commerce - which in practice means just about anything.

    So if this law sounds ripe for a court challenge, well, that's the idea, said Gary Marbut, president of the Montana Sports Shooting Association, the state's largest pro-gun group.

    "The Interstate Commerce Clause has grown and grown until the government asserts authority over everything under the sun," said Mr. Marbut, who wrote the original firearms legislation. "How much water you have in your toilet. Almost all environmental laws. Maybe one-third of all federal regulations are asserted under the Commerce Clause."
    Good luck Montana.

    Even pretending that it stands a ghost of a chance of passing, the first crime committed in Spokane with a Made in Montana gun would shut the whole thing down.

  2. #2
    Norville Rogers
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    Jul 2008
    Pittsburgh, PA
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    07-23-12 @ 08:20 PM

    Re: "Made in Montana Law" Challenges Federal Powers

    Has anything happened since the law was passed in May?

    If not there's already a two month old BN thread on this

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