Saturday, April 18, 2009

Montana Hits One Out of the Park - Bill Signed Banning Federal Government From Regulating Montana Firearms

(hat tip: hypothetical truth)

Great job, Montana! The Governor of Montana has signed a bill into law that prohibits the Federal government of the United States of America from regulating firearms made inside of Montana borders. In other words, get your paws OUT of Montana business and OFF of our guns!

Here's part of the bill, full version is here:


2009 Montana Legislature

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 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.

11 comments:

sofa said...

10th Amendment tests coming from states. But the other part is the people.

Sadly people don't have the resources to take on Uncle Obama.

For now, we have to hope that the states can start to get some measure of control back.

paranoidpyro said...

Gotta love governors of big states giving the finger to the government.

Sure, Montana may not have a large population, but it's got more than enough land to be a pest.

Rose said...

Good going!

Unknown said...

I just was informed of a bill that was recently passed in the last couple days in Montana and signed by the governor.

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
is the actual bill that was passed

http://www.fishingbuddy.com/new_montana_gun_law_signed
is more information on it

http://thehighroad.org/showthread.php?t=443655
some more information which is quoted from here:
http://montanahuntingtoday.com/blog/index.php/2009/04/15/flash-good-news-gov-signs-hb-246/

Montana sounds like a great place to live now
Walter

Sam said...

I like it!

-AOP

ageofpericles.blogspot.com

Holger Awakens said...

sofa, good points you make.

pyro,

it's all about creating a snowball that rolls up into a bigger snowball and then eventually you have half the mountain rolling down towards D.C.

Walter, thanks for the links and the hat tip to this important story.

chicagodudewhotrades said...

I got family in montana, I gotta ask them about this. last time I was there a few years ago, uncle and I drive up to some remote place and I lined up some dangerous empty soda cans then backed off some distance and then proceded to ventalite those dangerous empty soda cans.... Rifle used was a scoped .22 but it was fun

Esquerita said...

More states need to follow.

staghounds said...

This is stupid, makes us look goofy,
and wastes effort that ought to be devoted to doing things to make genuine change. The State of Montana doesn't have the legal power to forbid Federal regulation.

It's like me standing in my front yard and saying that Warren Buffet's transfers of wealth to the Gates foundations are void, and the money is all mine now.

Anonymous said...

To Stagehounds: To get back the rights of the people! there is no more genuine change than that.

"It's like me standing in my front yard and saying that Warren Buffet's transfers of wealth to the Gates foundations are void, and the money is all mine now".

Regarding the above quote, if you wait long enough the present administration will be doing just that, look, the banks are not allowed to give back money because then the government has no control over them!!

OPEN YOUR EYES PEOPLE!!!

Anonymous said...

Why don't ya all move to Montana? What are you waiting for?

Right to bear arms and defend yourself is passe! If you have the balls, just promise not to sue anyone who could prove you wrong!!!

And just give me a year or two! :)