Made In Montana

[fossten]

Made in Montana: New Montana Law Makes Certain Guns and Ammo Exempt From Federal Regulation

Tuesday May 5, 2009

In a time when the Federal government is busily seeking ways to limit the freedom of the American people, the state of Montana has created a new law, dubbed the Montana Firearms Freedom Act, which exempts from Federal regulation all firearms, firearm accessories (including silencers), and ammunition manufactured within its borders, so long as it is properly marked "Made in Montana" and it does not cross state lines.

Certain exceptions apply, one of which seems to delete shotguns from coverage under this new legislation. Although probably aimed at fully-automatic guns (a.k.a. machine guns), the wording "a firearm that discharges two or more projectiles with one activation of the trigger or other firing device" could easily define a shotgun using shotshells (rather than slugs), which discharges many projectiles with each pull of the trigger.

This Montana bill became law on "income tax day," April 15, 2009. It seems ironic that this move towards freedom from Federal oppression became official on a date that so many freedom-minded Americans loathe. At this time, similar legislation is in the works in other states, including Texas and Alaska.

Montana residents may wish to consult this list of Montana Firearms Manufacturers and Gunsmiths.

The Federal government has long regulated firearms via authority granted to it in the Commerce Clause of the Constitution, on the premise that any gun or related device is automatically subject to Federal regulation because it may be involved in interstate commerce. These new laws would negate that, by protecting guns and related goods which do not cross state lines.

By making exempt from such regulation any eligible gun or related device manufactured within its borders and which stays within those borders, these states are in essence denying the Federal government an apparently fictional authority which it has long asserted. More importantly, the states are creating law-based protection against the very-real threat of a Federal gun registration/confiscation scheme.

I purposely used "registration" and "confiscation" in combination above, because the former historically leads to the latter, with the inevitable result being government by those in government, not by the people.

Many predict that this new movement will lead to an epic legal battle over the Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"). If so, an Obama-weighted Supreme Court may end up deciding the issue.

These laws rely on the exempted goods never crossing state lines, which seems pretty tough to control, especially if we wish to remain free from such things as inspection (read: vehicle search) stations where highways cross state lines, which I don't doubt the Fed would wish to implement, Fourth Amendment to the Constitution notwithstanding.

Some are eager for a test case, hoping that some brave soul in Montana will notify the Feds that he or she is going to begin manufacture and sale of "Made in Montana" guns under this new law and without Federal oversight. The expectation is of immediate Federal prosecution of that individual, with the resulting court decision possibly being a major deciding factor in the feasibility and future of such laws.

It seems worthwhile for us to urge our state legislators to consider similar legislation. Anything that preserves civil rights while taking some power out of the hands of the Federal government has got to be a good thing. Better wording than Montana used for any section that omits fully-automatic guns from the law would be a good idea for any such law, though - there's no reason shotguns shouldn't also be covered by the protection these laws provide.

These laws could easily create opportunities for enterprising folks to open new businesses building guns, accessories, and ammunition for sale and use within their home states. In a time when the US economy is in dire straits, when we're also facing severe ammunition shortages, and when gun sales are skyrocketing due to very high demand, this seems like a very good move. Increased supply to help satisfy demand, providing a living for the folks making the guns and goods, who are then more likely to spend some of that dough.

Economic stimulus, freedom style.

 

[Calabrio]

I hope it works, but I've read and heard that they didn't write the legislation tight enough to prevent a judge from using the interstate commerce clause to over turn it.

 

[fossten]

I hope it works, but I've read and heard that they didn't write the legislation tight enough to prevent a judge from using the interstate commerce clause to over turn it.

To coin a phrase - how many regiments does the judge command?

 

[Frogman]

Known about it for a few months, apparently the ATF is taking the state of Montana to court over it.

Utah is working on a similar bill, yet theirs will be even more... strongly worded.

Wyoming is working on something similar, but theirs is a little "softer".

I received this in an email a while back, and upon a little searching, I saw it posted on Alex Jones' website but since I didn't call Dave and ask him, I take it with a grain of salt... though I hope it's true.

Wyoming Governor Calls for 10th Amendment Resolution

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The Tenth Amendment Center
July 29, 2009
Wyoming Governor Dave Freudenthal today transmitted the following memorandum and proposed resolution on state sovereignty to the Wyoming Legislature’s Management Council.
(h/t Mike Johnson, EverythingCody.com)
Freudenthal, a Democrat, was previously a US attorney for the Clinton administration, and is currently serving his 2nd term as Governor of Wyoming. He endorsed Barack Obama for president and is commonly referred to as one of the most popular governors in the country.
MEMORANDUM
To: Management Council Members
From: Dave Freudenthal, Governor
Date: July 28, 2009
Re: Sovereignty Resolution
As you know, individual states have been adopting Sovereignty Resolutions over the past few years. Such resolutions have been considered by the Wyoming Legislature over the years as well. Representative Illoway is working on one for this session.
The attached version expands slightly on the versions currently circulating. The resolution includes a list of specific federal laws and a reference to the idea that retaining lands in federal ownership runs afoul of the “equal footing” doctrine. I am enclosing a possible resolution for your consideration. Clearly this is ultimately a legislative prerogative.
From time to time we all wonder whether sending resolutions to Washington, DC really does any good. On the other hand, it’s nice to at least get our view on the record.
DRAFT
A JOINT RESOLUTION requesting Congress to cease and desist from enacting mandates that are beyond the scope of the enumerated powers granted to Congress by the Constitution of the United States.
WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, today, in 2010, the states are demonstrably treated as agents of the federal government; and
WHEREAS, many powers assumed by the federal government and federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, the Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the union of states, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, section 4, article IV, of the Constitution provides, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment provides, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
WHEREAS, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, the Congress of the United States frequently considers and passes laws, and the executive agencies of the federal government frequently promulgate regulations, the constitutional authority for which is either absent or tenuous, including, without limitation, the Real ID Act (which imposes significant unfunded mandates upon the states with respect to the traditional state function of driver’s licensing), the Endangered Species Act (which, as construed by the United States Fish & Wildlife Service, authorizes a federal executive agency to require specific legislation related to the traditional state function of wildlife management), the Clean Water Act (which, as construed by the Environmental Protection Agency, authorizes a federal executive agency to exercise regulatory jurisdiction over waters which are not subject to federal regulation), the Federal Land Policy and Management Act (which implements a policy of federal lands retention in derogation of the “equal footing” doctrine); and
WHEREAS, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:
Section 1. That the Wyoming Legislature claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
Section 2. That this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, from enacting mandates that are beyond the scope of these constitutionally delegated powers.
Section 3. That all compulsory federal legislation that directs the states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed.
Section 4. That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, the President of the Senate and Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation, with a request that this resolution be officially entered in the congressional record as a memorial to the Congress of the United States of America.

 

[fossten]

So...we have a Federal Agency, known as the Gun Police, that is SUING a state over that state's right to manufacture its own guns.

In America.

Unbelievable.

Montana's National Guard troops>ATF agents