Executive Summary â€" 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 â€" 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 â€" 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 â€" 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.