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

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.

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“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.

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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.

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Moderator's Warning:

Update on information pertaining to ATF's response found in POST #6

Kernel Sanders said:

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.

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Kernel Sanders said:

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.

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creativedreams said:

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.

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Kernel Sanders said:

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

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creativedreams said:

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.

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"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."

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TheNextEra said:

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?

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creativedreams said:

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.

Click to expand...