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States' Rights

 
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CygnusX1



Joined: 05 Oct 2005
Posts: 17336
Location: We don't call 911 here.

PostPosted: Fri May 08, 2009 7:32 am    Post subject: States' Rights Reply with quote

Montana has "fired" the first "peaceful shot" in the new U.S. Civil "Cold" War.

H/T to AmericanMe at 24hourforums.com

Montana Governor Signs New Gun Law

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 current 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, or Montana could go
to voting for secession from the union, which is really throwing the
gauntlet in Obama's face.

If the federal government does nothing, they lose. 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.

There you have it, folks. Montana has taken the lead in telling the current
administration to BACK OFF, and Texas is next.

I hope my state realizes its error as well, and reverses such immediately.
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awip2062



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PostPosted: Fri May 08, 2009 8:38 am    Post subject: Reply with quote

WOW! This is HUGE! Def one to watch
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CygnusX1



Joined: 05 Oct 2005
Posts: 17336
Location: We don't call 911 here.

PostPosted: Fri May 08, 2009 10:39 am    Post subject: Reply with quote

You ain't seen nuthin' yet!

Don't get me wrong. This is about states' rights, not gun control.

We have a well-worn thread for the latter already.


This is gonna be one helluva chess match.
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Sir Myghin



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PostPosted: Fri May 08, 2009 4:37 pm    Post subject: Reply with quote

Its good to see people have the balls to stand up for what they believe and put their money where their mouth is ,regardless of what it is about. Too many live in fear of confrontation nowadays.
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CygnusX1



Joined: 05 Oct 2005
Posts: 17336
Location: We don't call 911 here.

PostPosted: Mon May 11, 2009 5:57 am    Post subject: Reply with quote

Sir Myghin wrote:
Its good to see people have the balls to stand up for what they believe and put their money where their mouth is ,regardless of what it is about. Too many live in fear of confrontation nowadays.


Agreed, but what I can't get over is the misinterpretaion of our
Constitution...after all these years and administrations!

It was explained by a Federal Judge that the wording of "regulate" in the
U.S. Constitution originally meant to "make regular", NOT "restrict."

That changes EVERYTHING. I can't WAIT for the Supreme Court vote!

The pundits have it going 5-4 or 6-3 to PASS. We'll see.
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