Montana Governor Signs New Gun Law

John A. Quayle blueoval57 at VERIZON.NET
Tue May 12 14:40:03 MDT 2009


Way to go, Montana!!!



____________________

A man is no less a slave because he is allowed to choose a new master once 
in a term of years. -- Lysander Spooner





   Montana Governor Signs New Gun Law

  Way to go Montana .

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

http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=&P_BILL_NO=&P_BILL_DFT_NO=LC0671&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=


  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 Obamas 
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, 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.
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