Posted by
Terry Gray on Monday, May 11, 2009 11:07:16 PM
Subj: Fw: New MT Gun law
> Way to go Montana!!!!!!
> You can google….new Montana gun law for a check
> Looks like we have a Constitutional challenge.
>
> 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 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 Obama's 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
> 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.
>