Jason

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.

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm





So it looks like they are saying if it is manufactured in Montana, and stays in Montana, the U.S. Federal Government cannot restrict your firearms.

HumanoidComplex

yea baby, montana's getting in the pit for the fight for freedom.

‘‘Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest.’’

— Mahatma Ghandi, "Gandhi, An Autobiography", page 446

coachtom

An armed society is a polite society... Texas is heading this way also... unfortunatley, not fast enough...

Drew1369

I might move...

yustr

BS, total BS. How do they propose to make sure that they'll stay in Montana? Border checks?

A state cannot just declare itself exempt from the Constitution. Federal trumps states.

Drew1369

What part of the constitution are they breaking?

yustr

Article I, Section 8, Clause 3:
“ The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

section 8, clause 18:
“ The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article 6:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Montana has less than a millin people. Most probably already have a dozen guns of various types. Where's the market coming from that would justify someone importing raw materials and setting up a manufacturing plant?

Much ado about nothing.

But the real point is why do rightists think they need such a law? What evidence do you have that there's any desire on the part of the Dem's to take away your guns? Have any bills been passed or offered? Have any speeches been made saying that? Has the POTUS said he desires it? Or, as is my belief, you’re grasping at one of the few things you have thought of that unites you and that you think connects you to the majority of the people. This is nothing more than a convenient target (pun intended) for those devoid of ideas on how to lead.

bry623

Their democratic can always veto it.

Drew1369

So Montana is NOT exporting the firearms. Any that leave the state would be a federal crime against the person that committed the act. There is no interstate trade or foreign trade.

yustr

He shoots. He misses.

Drew1369

What did I get wrong?

yustr

You missed what I consider the three salient points; 1) no one is going to set up a factory to manufacture "Montana only" guns. 2) This is nothing more than a weak attempt to exercise state's rights that will ultimately fail if challenged under the clauses I listed.

Lastly, and more importantly, this is tilting at windmills. It's a knee jerk reaction to a threat that, as far as I can tell, does not exist. Would some people like to take away all your guns? Sure. Some people would like to tear up all the freeways too. But is this the policy of the democrats - of course not.