Montana Governor Signs Revolutionary New Gun Law

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  • 4sarge

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    FREEDONIA
    Montana Governor Signs Revolutionary New Gun Law
    by Ernest Hancock Freedom's Phoenix May 4, 2009

    gun_holstered.jpg


    Executive Summary : The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY.

    The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal : confiscation of privately owned firearms.

    Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obamas face. If the federal government does nothing they lose face. Gotta love it.

    Important Points : If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA.

    Silencers made in Montana and sold in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.

    Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back.

    Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters.

    There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana.

    Discussion: Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.


    Text of the New Law




    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 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.

    Ernest Hancock's website

    Thanks to Joe Heibel for this article
     

    Lucas156

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    wow I agree it is tempting to move there. This is the best news I have heard all week! Way to go Montana! How can we let this state know we support them?
     

    jedi

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    Thanks for keeping us up-to-date on this Sarge. And so it begins... That other post you made regarding the BIGONE (https://www.indianagunowners.com/fo...-the_big_one_-_the_game_plan_to_crush_2a.html) I suspect will soon be crossing paths with this one.

    I think that in 2012 this law will be at the Supreme Court waiting for a verdict and that verdict will be against Montana which in turn will cause TX, MT and several other states to secede. Cause you know that in 12-2012 the "world is going to end". ;)
     

    Bill of Rights

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    Where's the bacon?
    wow I agree it is tempting to move there. This is the best news I have heard all week! Way to go Montana! How can we let this state know we support them?

    Elect some state reps and senators with some cojones who will write a bill like this AND PASS IT for our governor's signature. I'd also like to see that law have some teeth to it, such that any enforcement of federal laws outside of their jurisdiction shall be punishable as a (whatever level) state felony.

    We could also support them by ditching federal so-called "representatives" in Congress (to include senators) in favor of those who do more than pay lip service to the Constitution, as amended.


    Or we could just secede along with them.
    "Courage is contagious. When a brave man takes a stand, the spines of others are often stiffened.” --Billy Graham

    Blessings,
    Bill
     

    jsgolfman

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    I vote for secession and repeal of direct election of senators.
    Notice, however, that the law does not apply to full auto weapons.
    I keep editing this post as I read more. I am full of anticipation as this opens a whole can of worms around sovereign states. I am going to see Mr. Buyer tomorrow during lunch (I work in Plainfield). If he is not in that office, no matter, he's still getting a copy.
     
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    dross

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    In the words of Frank Zappa:

    "Movin' to Montana soon, gonna be a dental floss tycoon. By myself, wouldn't have no boss, just raisin' my lonely dental floss..."

    The abuse, nay, the BRUTAL RAPE of the interstate commerce clause has been the most effective tool of tyranny in the history of our country. Can it be true? Has Montana found a way to throw off this yoke? Praise the Lord and pass the ammunition if it's all as it looks.
     

    DustinG

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    That is Montana's economic stimulas plan. How many people will travel to Montana for firearms related purchases? What about gun manufacturers looking for a gun friendly state?
     

    jedi

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    Notice, however, that the law does not apply to full auto weapons.

    Hum.. incorrect I think. Based on my prior readings on this topic and NOT the law in the OP.

    Basically if I understand it correclty the following applies to a RESIDENT of MT.

    You can buy ANY gun made within the state of MT by a MT company so long as that gun will be used by you and within the state of MT. If this is the case then none of the FED LAWs apply. As such if company XYZ (which HQ's and manf. plant is in MT) makes a FULL AUTO weapon and sells it to you it is LEGAL under MT law.

    So what is going to happen is a MT resident is going to do this, the ATF is going to arrest them on felony charges of having an unregistered machine gun and from there the case is going all the way to the Supreme Court in which the issue will be case the STATE LAWs be above the FEDERAL LAW since the weapon is made in MT, for use in MT, by a resident of MT and more importantly the FEDs only control interstate transaction and since this transaction is occuring within the state then the FED has no say per the law. It's a beautiful way to use the law against the FEDs.

    Supect if it works or even if it does not that TX will follow suit soon. Not sure how much good it would do use here since I'm not sure if we have any gun companies that make firearms within the state. Although what I could see happening is perhaps mom & pop (smaller state stores) opening up and making guns for sale within a state only.
     

    mkbar80

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    I'm now going on vacation in montana to buy suppressors:rockwoot:
    Don't plan on bringing them back to IN. Even if this new law would pass judicial muster, you would then put the supressor (and you) under the jurisdiction of "interstate commerce" regulation by the Feds.

    If I'm reading this right, only firearms manufactured, purchased AND kept within Big Sky Country would be exempt from the Feds (again, if this stands up in court). I believe I've read that the State of Montana would intend to stamp receivers and other applicable parts with a "For Montana Use Only" marking or something of the like.

    Anyone have anymore info on how Montana would actually intend to put this into practice??

    Also, I'm not sure if Indiana seceding from the Union would be in our best interest...but could we talk Gary/East Chicago into seceding to Illinois???:joke:
     

    kludge

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    Section 5. Exceptions. [Section 4] does not apply to:
    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

    so close.
     

    kludge

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    Also, I'm not sure if Indiana seceding from the Union would be in our best interest...but could we talk Gary/East Chicago into seceding to Illinois???:joke:

    Chicago can have Gary South Bend and Ft. Wayne, we'll take from Springfield south.
     

    jsgolfman

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    Hum.. incorrect I think. Based on my prior readings on this topic and NOT the law in the OP.

    Basically if I understand it correclty the following applies to a RESIDENT of MT.

    You can buy ANY gun made within the state of MT by a MT company so long as that gun will be used by you and within the state of MT. If this is the case then none of the FED LAWs apply. As such if company XYZ (which HQ's and manf. plant is in MT) makes a FULL AUTO weapon and sells it to you it is LEGAL under MT law.

    So what is going to happen is a MT resident is going to do this, the ATF is going to arrest them on felony charges of having an unregistered machine gun and from there the case is going all the way to the Supreme Court in which the issue will be case the STATE LAWs be above the FEDERAL LAW since the weapon is made in MT, for use in MT, by a resident of MT and more importantly the FEDs only control interstate transaction and since this transaction is occuring within the state then the FED has no say per the law. It's a beautiful way to use the law against the FEDs.

    Supect if it works or even if it does not that TX will follow suit soon. Not sure how much good it would do use here since I'm not sure if we have any gun companies that make firearms within the state. Although what I could see happening is perhaps mom & pop (smaller state stores) opening up and making guns for sale within a state only.
    From the actual text of the law:
    "
    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."*


    *Emphasis added
     

    jedi

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    Thanks for the clarrification. Looks like MT did changed their mind during the process. Originally it was to include full auto. So it appears the law is meaningless then???
     

    NateIU10

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    Thanks for the clarrification. Looks like MT did changed their mind during the process. Originally it was to include full auto. So it appears the law is meaningless then???

    They can still do MT built SBRs, SBSs and AOWs though, correct? Even with regular firearms not being subject to federal law, I'd say it's far from meaningless. Not perfect, but still very useful.
     

    smokingman

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    wow...i want to move now.
    And just an fyi
    (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;

    that is a 38 mm rifle. A 50cal is 12.7mm. That is a damn big gun they can make.So they can make 37mm rifles and under by that rule?
     

    jsgolfman

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    A lot depends on what kind of teeth Montana has in enforcing this law. This law is intended to be incorporated into Title 30 (Trade and Commerce) of the Montana Code, yet this bill itself contains no criminal or civil penalties for failure to enforce the code or direct violations of the code. They could cite the federal authority under their unlawful practices section in Chapter 14 Unfair Trade Practices and Consumer Protection, but who's to say. With the vague language as ti exists now, there are myriad violations/penalties that could be applied.
    Montana could also refuse to accept money from the fed and likewise refuse to remit as well.
    IMHO, that is the real story. What will the government do to retain its place in the lunch line in Montana? Secession has always been a right of the people/states, regardless of what the Lincolnites would have you believe. It is not unnatural and the states have never been indivisible.
     
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