Proposed Montana law that exempts firearms from Comnmerce Act

Status
Not open for further replies.
Mmmmm......

(pondering how big a trailer & how many trips it would take to move all my stuff to MT...)
 
Montana gunnies need to really show their support for whomever proposed this. Even recommending such a bill shows a lot. If it passes... well, I'll look for job listings in Montana.
 
I don't think the state of Montana can control what a federal judge decides is in interstate commerce. Look at some of the ridiculous contortions federal courts have gone through to declare items to be in interstate commerce in the past - restaurants miles from any highway, marijuana grown and consumed entirely in one state, etc.
 
Sure... the Feds can say that because the Milling machine you used was shiiped from an adjoining state, that everything made on that mill is "involved in interstate commerce"...

But the fact, in and of itself, that this is even being considered to be state law is encouraging. I imagine it would also make for an easier defense in fed court.
 
Recent decisions have weakened the old Wickard decision of sixty years ago. US v Lopez (1995), Morrison (?) (2000), and now US v Stewart (machine gun not in interstate commerce) out of the 9th Circuit and heading to the Supreme Court.

This ain't FDR's Supreme Court. ;) (I hope).

Nice political statement nonetheless.

Rick
 
As I understand it, this is based on the recent 9th Circuit Court of Appeals ruling (US V Stewart) which held that the machine gun a guy built from scratch for his own use, which did not pass in interstate commerce, did not fall under BATF jurisdiction. Montana is in the 9th Circuit. If this is upheld, it would seem to make it possible to manufacture any firearm legal under Montana law, for sale to Montana residents, to be kept in state, and not have to fill out any paperwork. Montana has no regulations concerning machine guns. Out of state sales would still have to be recorded.
 
I saw this same news a couple of days ago and literally could not believe what I was reading. It was as if I'd died and gone to a gun enthusiasts paradise.

But seriously, this was an amazing bill to be introduced in Montana. It goes to show there are still many politicians out there who have the cajones to stand up for what their constituents believe in and will truly represent them to the best of their ability. If this passes, well guess where I just relocated my future retirement home to? :D

Also, here is another bill introduced that further sweetened the deal:
http://data.opi.state.mt.us/bills/2005/lchtml/LC0567.htm
 
Great!

I have long pondered this very idea. Actually, I don't think you need legislation. If I use materials from my state, make the components in the state, assemble it in the state and then only sell it to those in the state.....then I think you're good to go. My buddies that are federal prosecutors have to prove as part of their federal gun crimes that the firearm has entered into commerce. They generally prove it by showing that the parts come from various states/countries and moved over state lines etc. Now judges have taken the commerce clause and stretched it until it is unrecognizable....but I've always wanted to do this....and believe it would work. I hope Utah catches on!
 
Montana freedom migration underway

Montana has a very strong gun rights culture and strong legislative presence. But we could use some reinforcements from those who value freedom. Let's make a stand in places where we can make a difference.

Here are some lists relating to the Free West / Montana freedom migration which is underway. We welcome those who would migrate to Montana in search of freedom, who are willing to be good and responsible neighbors.


http://groups.yahoo.com/group/FreeMontanaProject/?yguid=126065389

http://groups.yahoo.com/group/WesternMontana/

http://groups.yahoo.com/group/W-A-L/
 
Here is what they should do....

although they are on the right track....

Forget the commerce thing, although I like the idea. Pass a new bill specifically declaring every citizen in the state of Montana an active member of the state militia. In other words make everyone a member of the Montana guard, or whatever it is callled out there.

Once that is done all the federal laws will fail to apply to Montana citizens as the 2nd Amendment will finally kick in.

Remember that the reason they get away with all these laws is that there is still a collective rights interpretation being used. If the Montana legislature made everyone part of that collective there is no way that the 2nd amendment could be circumvented as it so often is.
 
Holy ???? sir, you are a genius. Actually that wouldnt even take legislation, the governor could do it as part of his executive powers. Just like how they can deputize barbara boxer as a US marshall so she can carry on planes.

Yeah, the collective definition suddenly means nothing if they define the militia as every non-criminal, non-insane adult in the state. Which it already is, but ??????? gun grabbers have chucked the real definition out the window along with common sense.
 
And to think that the Libertarians rejected Montana for their Free-State project and opted for New Hampshire, which went for Kerry in 2004.

Funny.

Rick
 
Montana and Gun Free Schools

Montana did something similar with respect to the Gun-Free School Zones Act, so that law is not enforceable in Montana. From the Montana Codes Annotated:

"45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act."

Source: Gun Laws of Montana by Gary Marbut, Montana Publishing, P.O. Box 16106, Missoula, Montana 59808. ISBN 0-9747798-0-6 Marbut's Montana Shooting Sports Association is the force behind Montana gun rights legislation and lobbying.
 
It goes to show there are still many politicians out there who have the cajones to stand up for what their constituents believe in and will truly represent them to the best of their ability
Click to expand...
There are many Democrats at the state level who have earned an "A" rating from the NRA.
 
Beerslurpy said
Forget the commerce thing, although I like the idea. Pass a new bill specifically declaring every citizen in the state of Montana an active member of the state militia. In other words make everyone a member of the Montana guard, or whatever it is callled out there.
Click to expand...

Well, aside from the fact that all of us are already part of the Militia, this does work to skirt the federal firearms laws. I'd prefer to see the bill say something along the lines that every member of the militia is authorized to possess full auto guns up to and including .50 cal. centerfire in their homes, without any licensing or registration whatsoever. That would get around the LEO sign-off (not that such is a problem in MT, but it would help in other states..."See, look what MT did, and there's no blood in the streets....").

Now, can you get the TX legislature to do something like this?
 
I want to go home!

When I was 18 I couldn't wait to get out. Now that I'm older and hopefully wiser all I want is to go home.

Born and raised Bozeman, Montana
 
Status
Not open for further replies.

Similar threads

L
  • Locked
Gary Marbut: Montana bills of interest
Replies
1
Views
662
Captain Crunch
C
P
  • Locked
Montana House of Representatives votes to ignore Federal Gun Laws
2 3
Replies
71
Views
3K
pax
P
M
  • Locked
Montana Firearm's Freedom Act
2
Replies
39
Views
2K
husbandofaromanian
H
F
  • Locked
Montana passes house bill excluding firearms from fed government control
2 3 4 5 6
Replies
132
Views
10K
Art Eatman
A
L
  • Locked
Anti-federal bills move forward in Montana House
2 3
Replies
56
Views
3K
Dead
D
Back
Top