Montana Governor Signs Revolutionary New Gun Law

[ben parrish]

Way to go Montana!

...it will be interesting to see how this plays out.


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 Obamas 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 sold 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. 246

INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL,
WARBURTON

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.

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, speedloaders, 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 unmachined 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 device.

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.

[Porsche-O-Phile]

Way to go Montana!

However I missed the part where they're actually threatening secession if the Feds step in (in violation of the Constitution). Is this part just wishful thinking on the part of the author?

Montana would have a LOT of people flocking to their aid if anything like that ever happened.

[ben parrish]

I think it was the original authors speculation...

[onlycafe]

now if we can get the old speed limit back too, then we'll have something.

[jyl]

Good luck to the crackpots in Montana.

[tabs]

Govenator Barry Schweitzer is a Democrat...

[red-beard]

Texas has the same basic bill under discussion right now.

[m21sniper]

This is the 21st century prelude to the shot heard round the world.

Amazing.

[m21sniper]

Originally Posted by jyl

Good luck to the crackpots in Montana.

You have a real problem with freedom don't you?

[red-beard]

I believe the real issue here is to push a 10th amendment case to the Supreme court

[Danimal16]

If you have ever spent some time in Montana, calling them crackpots will amuse them. And then they will kick your behind all the way back to the bay area. Crackpots??? Geez.

[Porsche-O-Phile]

That's an area of the country I absolutely love. Wyoming, Montana, Idaho, eastern OR & WA, etc. I had a chance years ago to fly a Be99 out of Billings but frankly the route scared the hell out of me - lots of flying in the dead of night, non-radar environment, tons of schitty weather, icing, the works. That route had what we in the cargo rat industry used to call a "high probability of terrain encounters". I absolutely loved the thought of living up there though - if only the flying hadn't come with such a high mortality rate...

If MT goes to the mat with the USSA, I'm moving the hell to MT. No joke. I've got nothing to lose here anymore. Unemployed, taxed out the ass, watching our civil liberties get destroyed each day in pursuit of a delusional socialist dream? Forget it. I'd be there in a heartbeat. MT and that area of the country is what the old United States used to be like - decent, honest people who look out for themselves, take care of themselves, etc. I love the way of life up there.

[BeyGon]

I think Utah is doing the same thing, never happen in the liberal strangle hold of California where only illegals and gangs will be able to have a gun.

[m21sniper]

Originally Posted by Porsche-O-Phile

That's an area of the country I absolutely love. Wyoming, Montana, Idaho, eastern OR & WA, etc. I had a chance years ago to fly a Be99 out of Billings but frankly the route scared the hell out of me - lots of flying in the dead of night, non-radar environment, tons of schitty weather, icing, the works. That route had what we in the cargo rat industry used to call a "high probability of terrain encounters". I absolutely loved the thought of living up there though - if only the flying hadn't come with such a high mortality rate...

If MT goes to the mat with the USSA, I'm moving the hell to MT. No joke. I've got nothing to lose here anymore. Unemployed, taxed out the ass, watching our civil liberties get destroyed each day in pursuit of a delusional socialist dream? Forget it. I'd be there in a heartbeat. MT and that area of the country is what the old United States used to be like - decent, honest people who look out for themselves, take care of themselves, etc. I love the way of life up there.

Hey pop, ive been looking at a house in upstate Pa. 4 bedrooms, TEN ACRES of land...$50,000.00

[Fidalgo911S]

Originally Posted by jyl

Good luck to the crackpots in Montana.

You're from SF and Portland??? And you're calling people in Montana crackpots???

The whole pot and kettle and color black sort of thing....

[vash]

montana is on my must see list. maybe i get to pick up some new hardware there!

lots of animals to kill and eat there too. but cold...brrr...

[m21sniper]

Originally Posted by vash

montana is on my must see list. maybe i get to pick up some new hardware there!

lots of animals to kill and eat there too. but cold...brrr...

If it wasn't for the cold i'd be there already.

[BeyGon]

Originally Posted by m21sniper

If it wasn't for the cold i'd be there already.

You live in Philly?

[m21sniper]

Originally Posted by BeyGon

You live in Philly?

Yes, but not for that much longer. As long as it doesn't kill me first, i'm outta here soon. Heading upstate to the land of mountains and forests, freedom and non interference.

It's cold there, but from what i understand, nothing like it is in Montana.

[jyl]

Originally Posted by m21sniper

You have a real problem with freedom don't you?

The chances of Montana successfully overriding Federal firearms laws is essentially zero.

This is like one of those declarations the Berkeley City Council enacts, that the world shall be nuclear-free yadda yadda. In other words, a vacant statement made for political purposes. Some crackpots will get excited for a while, the state of Montana will spend some money on legal fees, they will lose the case, and nothing will change.