Montana tells USA "take your gun laws and eat them!!"

[Valiant Champion]

Montana Governor Signs New Gun Law

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 likely prompt a showdown between the federal government and the State of Montana.

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. For example, Silencers made in Montana and sold in Montana would be fully legal and not registered. But as I understand it, fully auto weapons are not part of this bill.

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. Way to go Montana !


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.

Here are a few of the numerous web references to this PASSED legislation....


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

http://montanahuntingtoday.com/blog/...-signs-hb-246/

[Erwin Rommel]

For a minute there after reading the thread title, I pictured Hannah Montana saying that, along with a huge "WTF?"

[Stavroforos]

For a minute there after reading the thread title, I pictured Hannah Montana saying that, along with a huge "WTF?"

You know, I thought I was going to be the only one who thought of Hannah Montana when I saw this thread.

I think I'm disappointed in finding out that I'm not, for many reasons.

Anyway, how the federales come down on Monatana hard.

[Thanatos]

This will be an interesting showdown.

*grabs popcorn*

[Fibur]

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. Way to go Montana !

I can't believe that someone in his right mind could support something like this.

[Phier]

Good for them, its about time a state took a stand.

I can't believe that someone in his right mind could support something like this.

You are a french socialist, you couldn't understand

[Fibur]

Good for them, its about time a state took a stand.



You are a french socialist, you couldn't understand

I may understand supporters of the right to bear arms, but without any criminal record check? Or even registration? Do you realize the possible implications?

[Arjun]

I may understand supporters of the right to bear arms, but without any criminal record check? Or even registration? Do you realize the possible implications?

yeah man...im flabbergasted that such a possibility was even considered..let alone put into law. what were these people thinking?

[awisler]

I may understand supporters of the right to bear arms, but without any criminal record check? Or even registration? Do you realize the possible implications?

Don't worry, no one lives in Montana.

[Xen]

Good for them, its about time a state took a stand.



You are a french socialist, you couldn't understand

No criminal checks for guns? Your a retard if you think that's sensible.

[Carach]

I can't believe that someone in his right mind could support something like this.

it never has to be logical in the US of A

Is there a fundamental right to be armed?

well i guess the native americans of Montana could always try retaking their ancestors land.. ?

So... it's easier to buy guns than alcohol in Montana?

yea but then America as a whole has never had a problem sending people off to war who, at home, would never be allowed to consume alcohol.

i love how the priorities are in order.

[MaximiIian]

I can't believe that someone in his right mind could support something like this.

Well, it certainly makes obtaining a firearm easier. People who are frustrated with the lethargy and complexity of the bureaucratic system in place might prefer something quick and easy. I know I would.

[GeneralLee]

Well, it certainly makes obtaining a firearm easier. People who are frustrated with the lethargy and complexity of the bureaucratic system in place might prefer something quick and easy. I know I would.

You still have to deal with the state background checks which are the majority of the process anyways.

[Valiant Champion]

You still have to deal with the state background checks which are the majority of the process anyways.

what state background checks? The only background checks for firearms purchases were the ones done by the FBI.

[aduellist]

what state background checks? The only background checks for firearms purchases were the ones done by the FBI.

Not true. Here in Virginia the background checks are done by/through the State Police. Whether they consult the FBI or not, the background check is still done by the Commonwealth.

[GeneralLee]

what state background checks? The only background checks for firearms purchases were the ones done by the FBI.

Montana has them along with every other state. That's the benefit of having a CCP in montana that I posted earlier, once you get one no state background check is required.

[Carach]

Well, it certainly makes obtaining a firearm easier. People who are frustrated with the lethargy and complexity of the bureaucratic system in place might prefer something quick and easy. I know I would.

yea, checking to see whether someone's mentally insane is a real pain in the ass

[justicar5]

I wonder how many gun factories montana actually has?

[Arjun]

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. Way to go Montana !

Whaaaaaaaat???

[._.]

a boring law text *adjusts reading glasses*