Wow! Go Montana!!
#1
05-06-2009 | 06:11 PM
Thread Starter
| TeH Ears
Joined: Jan 2008
Posts: 8,188
From: Atlanta
Wow! Go Montana!!
Montana just "out-Texas'd", Texas!
From the AP:
The state of Montana has signed into power a revolutionary gun law. 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.
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 !
Let us see what Obama does. If he hits Montana hard they could 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.
Governor Schweitzer is very popular with Montanans, and this is an example of how he has built his popularity. It’s a breath of fresh air to see a politician run on a platform of promises, and back up those promises with action. Governor Schweitzer promised to protect the 2nd amendment rights of the citizens. With the signing of this bill, he has lived up to the billing. I don’t care about the (D) or and (R) in front of the name, say what you mean and mean what you say. Good for you Brian Schweitzer!
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
Sources: KVPI Channel 6 (Montana) - Associated Press
From the AP:
The state of Montana has signed into power a revolutionary gun law. 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.
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 !
Let us see what Obama does. If he hits Montana hard they could 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.
Governor Schweitzer is very popular with Montanans, and this is an example of how he has built his popularity. It’s a breath of fresh air to see a politician run on a platform of promises, and back up those promises with action. Governor Schweitzer promised to protect the 2nd amendment rights of the citizens. With the signing of this bill, he has lived up to the billing. I don’t care about the (D) or and (R) in front of the name, say what you mean and mean what you say. Good for you Brian Schweitzer!
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
Sources: KVPI Channel 6 (Montana) - Associated Press
#5
05-06-2009 | 08:17 PM
Seriously. Change it.
Joined: Jan 2009
Posts: 5,505
From: Sonoma, CA
The Attorney General of Montana, Steve Bullock was a classmate of mine (one year older, but we had a few classes together) in college. Would the atty gen have anything to do with this? If so, great job Steve!!!!!
