Montana Poised to Buck Federal Gun Control
Montana Poised to Buck Federal Gun Control
By Kahrin Deines, Associated Press , 04-05-09
HELENA – 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 — 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.
The federal enforcement agency for gun laws has also not taken a firm stand.
"ATF is not going to take a position on this because we don't make any of the laws, we just enforce the laws that Congress makes," said Carrie DiPirro, spokeswoman for the Denver field division, which oversees Montana.
Through the Constitution, Congress has authority to regulate interstate commerce, which serves as the legal basis for gun regulation in the United States.
Efforts to bypass that authority have been heard before by the U.S. Supreme Court. In 2005, the court upheld federal regulation of marijuana in California, even if its use is limited to noncommercial purposes — such as medical reasons — and it is grown and used within a state's borders.
However, Randy Barnett, the lawyer and constitutional scholar who represented the plaintiff in the California case, said the introduction of a "Made in Montana' stamp — and stay in Montana guideline — might give some mettle to Montana's latest pitch for sovereignty.
In the Gonzalez v. Raich case argued by Barnett, the court said that because marijuana produced within and outside of California is essentially indistinguishable, the government must regulate both to enforce national drug laws. Montana, though, could potentially argue that its guns are sufficiently unique and segregated as to lie outside of overarching federal regulatory schemes, Barnett said.
The Montana effort follows fears here and elsewhere that the election of Barack Obama as president would trigger more gun regulation, sparking a rush to stock up on firearms in the months following the inauguration.
But supporters insist House Bill 246 has been tailored to hit a different bull's eye than gun freedoms.
"Firearms are inextricably linked to the history and culture of Montana, and I'd like to support that," said bill sponsor Rep. Joel Boniek, R-Livingston, during its House debate. "But I want to point out that the issue here is not about firearms. It's about state rights."
http://www.flatheadbeacon.com/articles/article/montana_poise...
Go Montana!
Make them guns!
Anyone know where I can buy a "Made in Montana" stamp?
Eric Hoffer
http://gplus.to/jamesrmoore
Free State Project 2 - Montana
Or we should start little Galt's Gulches all around the State.
every time I hear the supreme court brought up
I feel the need to bow, to them.
They have so much power, when ever a case is brought before them everybody holds there breath. They have the power of life and death. We talk about an out of control congress but what about this out of control court? Has anybody else noticed that our country is ruled by this 9 man oligarchy. I am waiting for a state to tell the supreme court where they can put there ruling. When that happens it will be the greatest ruling this country has ever seen!
You're absolutely right
And they also have the power to curb or amplify police violence by regarding the policeman in court as being above or equal to the citizens. People point fingers at cops but don't even see why the corruption happens in the first place.
Moving to Montana soon
Gonna be a dental floss tycoon.
http://www.youtube.com/watch?v=Ialhaxhr7iA
Gotta love Zappa!
Awesome!
Love it, LOVE IT, when I come across another Zappa freak. Cheers!
BTW - What's new in Baltimore?
I don't know
I live in PA.
I sure do miss Zappa.
Who's up for moving to Montana?
Find out if you have a local militia - http://www.uaff.us/
Real Patriots for 9/11 truth -- http://patriotsquestion911.com/
Find out if you have a local militia - http://www.uaff.us/
Real Patriots for 9/11 truth -- http://patriotsquestion911.com/
Idaho just passed their Sovereignty Bill, Montana did not. But,
I figure that with the guns, we can get anything passed if they are pointed at the right people. Idaho also sounds like an alternative, but both states maybe the new Northwest Territory soon, the way things are going! There be many gun clubs up here.
Interesting story
http://www.lewrockwell.com/buppert/buppert20.html
Idaho started the ball rolling and seceded from these united States. A total dissolution of America quickly followed as schisms and fissures erupted across North America. The collapse of the Mexican government caused a tidal wave of immigration to wash in to the southwestern portions of the former country. The great financial collapse of the world economy centered on the fiscal and monetary mischief in DC and Wall Street added yet more fuel to the fire. To tarnish the American reputation even more, hundreds of thousands of American troops were left stranded and penniless around the globe as the economic meltdown in America reduced the dollar to Zimbabwean valuations. To make matters worse, the government in DC instituted blanket loyalty oaths as a precursor for repatriation of returning soldiers who had managed to get home. This in turn caused entire National Guard and reserve units to return to their homes and assist in the buildup of forces in those states to fight the various doomed attempts by the central government to bring the rebellious states to heel.
I have to tell you that we would not have prevailed if other states such as Montana and Wyoming among others had not joined the fray.
William Buppert has the gift of prescience, for he nailed.....
Idaho being the first to get this through. Will Idaho be the first to actually leave the union, or will Montana catch up, or will we combine forces?
This was a great story, Shawn. Thanks for sharing,
Did you hear this ?
The Conference Committee version of HB 228 (Senate version minus the prohibition of CCW in "health care facilities") passed on Second
Reading in the House today by 80-20 and in the Senate by 40-10.
Third Reading in both chambers should be tomorrow and should be
similar votes both. Then off to the Governor for his signature.
It makes me think about this statement:
"...We’re here today to send a message, not just to the Republican Party, not just to the politicians in power, but to the whole country and possibly the whole world. The power brokers are convinced that they can maintain control with no serious challenge. They have it wrong! We will challenge them on all fronts - in every state and at all levels of government. Individual liberty must be our goal. Peace and prosperity will follow..." ~Ron Paul, September 2, 2008
I applaud the overall
I applaud the overall project of rolling back the vastly overbroad interpretation of the Interstate Commerce clause. However, I wish mightily that they had chosen a product other than guns to do it with. Dishware, children's clothing, lightbulbs, *anything* but guns. Making it guns will just serve to reinforce the public's perception that folk who love liberty are a bunch of redneck gun-nuts.
Here in Montana
Almost everyone owns guns. Not to many anti-gun folks except at the universities and some are working for rights on campus also.
I have heard it said, If you don't hunt or fish there is no reason to live in Montana. However, I can think of a few other good reasons.
If people in other States think that MT is full of gun-nuts that is fine with us.
We don't need any of them moving here anyway. ;-)
Light bulbs and dishware
Light bulbs and dishware don't require you to be treated like a sex offender to be purchased in your local store. That in fact makes the case of how absurd the regulation is, why don't they regulate those things in the same manner as guns?
Isn't it about time we quit worrying about how the media portrays us and take decisive action?
-----
Get Prepared!
Only dead fish go with the flow...
-----
End The Fat
70 pounds lost and counting! Get in shape for the revolution!
Get Prepared!
DEFINITIONS in Law are so important.
What if you learned that all gun laws apply only to people living in a Federal Territory or Washington D.C., which is perfectly constitutional, since D.C. has no constitutional protection?
What if you learned that the terms:
United States person
U.S. Citizen
U.S. Individual
Citizen of The United States
all mean a natural person living in the District of Columbia?
What if you learned that Federal gun laws apply to ALL U.S. Citizens?
What if you learned that through trickery, NOT unconstitutional actions, the govt. is tricking us into admitting we live in D.C.?
take a look at your local codes, vehicle codes, local laws, state laws.
You will see that every one of them have a section that states "any rights already accrued are not affected by the provisions of this code"
This is how they protect themselves.
I received a citation the other day for my Ron Paul sign in the yard. I called the city and pointed out that A1-38 stated ""any rights already accrued are not affected by the provisions of this code", the supervisor agreed, and canceled the citation.
It is through voluntarily compliance that these codes are effective.
Last one.
Trickery.
California Vehicle Code:
Any person driving a Motor Vehicle is required to have a drivers license, and registration.
Definition: Motor Vehicle(a) A "motor vehicle" is a vehicle that is self-propelled.
buried deep in the code, sec 15210(p)(7) link http://law.onecle.com/california/vehicle/15210.html
"In the absence of a federal definition, existing definitions under
this code shall apply."
Federal Definition of Motor Vehicle: link http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000031---...
USC Title 18 part1 chapter 2 sec. 31
(6) Motor vehicle.— The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
"used for commercial purposes". This is a trick. The state puts a definition in its code that is voided by a later provision that states Federal Definitions supersede state definitions.
They had to put in the "absence" portion to CVC., because ONLY commercial vehicles can be regulated.
Driving a Motor Vehicle is a privilege!
Traveling in an automobile is a right
http://famguardian1.org/Publications/GreatIRSHoax/GreatIRSHo...
New: Gun fight with the feds in Big Sky Country?
The last sentence says it all!
April 7, 4:59 AM
In the wake of the easy passage through the Montana legislature of Montana House Bill 246, Governor Brian Schweitzer's signature is all that is needed to set up a potentially explosive battle between state sovereignty on the one hand, and smothering, centralized federal power on the other.
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.
For anyone who believes the federal government can legitimately exercise only the powers explicitly enumerated by the Constitution as being within its purview (in other words, anyone who actually reads the Constitution, and is honest about what it says), there is no debate--the federal government has zero power to regulate arms produced in Montana, and that are kept within the state (rather than sold in interstate commerce, and thus made subject to federal regulation under the commerce clause).
Whether or not Governor Schweitzer will sign the bill is open to question. Although considered a reliably "pro-gun" Democrat, I cannot help but raise an eyebrow over his enthusiastic support of Obama's candicacy, and defense of Obama's position on private gun ownership:
As for Obama, Schweitzer said, “He ain't going to take your gun away. He ain't ever going to take your gun away.”
Unless, of course, your gun is an "assault weapon," was purchased via the "gun show loophole," or is not "child-proof."
Whatever the outcome, the people of Montana should soon gain some insight into whether their governor's true loyalty lies with them and the Constitution, or with his party and president.
http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~...
This is beautiful
I want to move to Montana. More respect for liberty there than in most of this country.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants
Any Montana "Double Es" here at the Paul?
If you also like guns, get a hold of me to discuss an interesting concept.
No federal agents need apply, though I doubt any have the brains for a degree in electrical engineering.
yes
I hear nothin but good things about Montana. can't wait to have a good supreme ct showdown, this would be a good one...(begins stocking up on popping corn, too).
"Be always sure you're right, then go ahead."
-David Crockett
"The War Prayer - Mark Twain"
All this legal mumbo jumbo
All this legal mumbo jumbo is crap! The Feds nor the SC have no jurisdiction in the states on this matter and the commerce clause doesn't give it to them despite the erroneous interpretation.
Some one just needs to man up and sign the bill and direct the sheriffs to stop any federal alphabet agencies from exercising any undelegated assumed powers, no need to take it to the SC traitors! It' really that simple. we keep appealing to our oppressors to stop oppressing us and have been rebuffed every time. It's time to take matters into our own hands and do what right instead of allowing continued usurpation.
If it doesn't leave he state it's not in interstate commerce.
The whole interstate commerce clause needs to be scratched from the constitution just so these bastages have no more excuse
-----
Get Prepared!
Only dead fish go with the flow...
-----
End The Fat
70 pounds lost and counting! Get in shape for the revolution!
Get Prepared!
The Revolution continues......n/t
***
Will somebody PLEASE fix the title on this post
It rhymes
The 2nd guitarist rhythms.
Explore Orthodox Christianity
I don't understand your comment, but I removed my bit of humor.
It is now untouched.
Your humour was great. You spelled the word wrong.
Rhythm is what good dancers have.
Explore Orthodox Christianity
Bump
Steve,
I dislike the way the Beacon inserts editorial comment in with the Quotes to slant the readers perception, the helenair does this same thing.
We may need to rethink the freedom paper idea.
Thanks for keeping this as conversation.
What is the Governor gonna do ?
I think he will wait and see how his changes to the gold bill go and based on that he will decide how he sides on this.
A few of our liberty bills did not make it, but it is encouraging that some, many where introduced by the freshman as newly elected standing up and wanting to restore and protect our republic, did not fail and are awaiting the Governor to sign.
They do put their own spin on this, don't they.Isn't the sound..
money bill dead. This is what I read. Do you have anymore info about it, Shawn? Regards to you in Ronan.
Sorry Wrong bill
I meant to say, his changes to the slaughter bill.
Although I do like the line about the people vs. his party.
Also take a look at The Montana sovereignty resolution, now intended to be a House-only resolution (probably to be HR 3) is now online and available for review at:
http://data.opi.mt.gov/bills/2009/lchtml/LC1170.htm
Excellent News, Shawn. I thought that it was gone ....
completely. Maybe we can at least salvage something out of this great bill.
bump
go Montana!
I have state envy...
Truth exists, and it deserves to be cherished.