Montana passes law exempting MT guns from Federal Law!
 

Gov. Schweitzer signs bill for state-made guns

By KAHRIN DEINES � Associated Press Writer � April 16, 2009


HELENA � Gov. Brian Schweitzer has signed into law a bill that aims to exempt Montana-made guns from federal regulation, adding firepower to a battery of legislative efforts to assert states' rights across the nation.
Advertisement
Quantcast

"It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," Democrat Schweitzer said.

Since the law applies only to those guns that are made and kept in Montana, its impact is limited. The state is home to just a handful of specialty gun makers, known for recreating rifles used to settle the West, and most of their customers are out-of-state.

But supporters of the new law hope it triggers a court case testing the legal basis for federal rules governing gun sales.

"What we need here is for Montana to be able to handle Montana's business and affairs," bill sponsor Rep. Joel Boniek, a Republican and wilderness guide from Livingston, told fellow lawmakers during the bill's House debate.



http://www.greatfallstribune.com/art.../DC5/904160339

It looks like the first cracks are appearing in the dike...


Bill text:

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.



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


This is the best piece of news I've seen in a loooooong time.

Re: Montana passes law exempting MT guns from Federal Law!
 

Praise the Lord and pass the ammuniton and we'll all be free.

Re: Montana passes law exempting MT guns from Federal Law!
 

Encouraging developments. I really wish the free state project had picked a state out west instead of New Hampshire.

Re: Montana passes law exempting MT guns from Federal Law!
 

I wonder if it will hold up in the SCOTUS

Re: Montana passes law exempting MT guns from Federal Law!
 

Some of the first 1000 members opted out of moving to New Hampshire and formed Free State Wyoming instead. The last I checked, FSW had around 50 to 100 movers so far.

Re: Montana passes law exempting MT guns from Federal Law!
 

It really shouldn't be the SCOTUS's business. Montana will get extra brownie points from me if they tell them as much and refuse to recognize the court's ruling. :ok:

Re: Montana passes law exempting MT guns from Federal Law!
 

Montana Rocks...................:ARMS1:

Re: Montana passes law exempting MT guns from Federal Law!
 

Sure they can tell the SCOTUS to F themselves, It's what they do when the ATF just comes in and starts to imprison their citizens that matters.

Re: Montana passes law exempting MT guns from Federal Law!
 

My bet would be they'll use that lame interpretation of the interstate commerce clause,
saying that even if an object is produced inside a state and stays in said state it effects interstate commerce because otherwise an out of state product would have been sold....

The original case had something to do with a farmer and wheat during the last depression if i remember correctly.

That said, the cracks are beginning to show.

Re: Montana passes law exempting MT guns from Federal Law!
 

I will take a Short Barreled Rifle AR15 thank you. If only they allowed machine guns. Maybe in the future? :36_3_12:

Re: Montana passes law exempting MT guns from Federal Law!
 

interesting....
will they interpret 'machine gun the same way as the ATF?
could you use an Akins Accelerator there?

Re: Montana passes law exempting MT guns from Federal Law!
 

They won't do that, since part of the plan is to get SCOTUS to rule on it:

http://www.flatheadbeacon.com/articl..._control/9392/

Re: Montana passes law exempting MT guns from Federal Law!
 

If they do take this to the SC and get a ruling in favor of the MT guns per the bolded above, I wonder if the marijuana produced intrastate in CA was branded appropriately in tamper proof packaging whether it would skirt the ruling?

Re: Montana passes law exempting MT guns from Federal Law!
 

I don't get why they had to include this provision against automatic weapons. It sounds like they are already planning on challenging the NFA on the SBR front.

Re: Montana passes law exempting MT guns from Federal Law!
 

That's it... I'm starting the Free State California Project.... hey if you're gonna climb a mountain...

Re: Montana passes law exempting MT guns from Federal Law!
 

:RockOn::RockOn::RockOn::RockOn::RockOn:

Re: Montana passes law exempting MT guns from Federal Law!
 

IF Montana goes this route, trust me. ALL FEDERAL GOVERNMENT AGENTS will be escourted to the border and told to never darken their doorstep again. EVER. Because if they do, chance are the BEST thing that will happen is they will spend the rest of their lives in a MONTANA prision. The WORST thing that will happen is they will be dropped in their tracks. Right now, I'm pretty sure that Montana will have a fairly strong Militia is this goes forward.

Plus, just HOW MANY ATF agents do you think there are? If you combined all the alpahabet soup agencies together, they don't come close to even Montana's relatively small population. They depend on 'compliance' when they give orders.

When those orders are ignored, what, they are going to 'attack' the state of Montana. I'm ALSO sure that Montana has an army national guard force as well as an air national guard.

Again, Montanan's are very FIERCE in their indpendence. Kinda like Wyoming and Texas.