GUN Montana legislature introduces gun bill that says fuck fed laws

Discussion in 'On Topic' started by TL1000RSquid, Jan 29, 2007.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    data.opi.mt.gov/bills/2007/billhtml/HB0420.htm


    2007 Montana Legislature

    HOUSE BILL NO. 420

    INTRODUCED BY R. KOOPMAN


    A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING FROM REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA."

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

    NEW SECTION. Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Firearms Freedom Act".

    NEW SECTION. 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 guarantee 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 guarantee 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 guarantee 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.

    NEW SECTION. 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 creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

    NEW SECTION. Section 4. Prohibition. 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.

    NEW SECTION. 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.

    NEW SECTION. Section 6. Marking 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.

    NEW SECTION. 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].

    - END -


    Doubt it'll ever happen they'll get threatend to be cut from fed tax money and cave like they did with the speed limit thing :hs:
     
  2. PanzerAce

    PanzerAce Active Member

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    So it basically looks to me like what they are saying is that they will not follow any new AWB, but nothing else will change.
     
  3. Big Daddy

    Big Daddy New Member

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    cliffs, I tried reading it, but I get all fired up.. trying to read gun laws..
     
  4. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    would also seem to say no need for tax stamp on sbr's and silencers.

     
  5. hsmith

    hsmith OT Supporter

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    Bascially, they are asserting their states rights, much like CA is doing for pot.
     
  6. PanzerAce

    PanzerAce Active Member

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    oh yah, but still no fun switches.
     
  7. mattsb2000

    mattsb2000 OT Supporter

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    That's working well. :mamoru:
     
  8. Thunderbear

    Thunderbear Yggdrasil's Forester.

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    Damn, I seem to recall a war fought on those very issues, but I can't remember when....
     
  9. PanzerAce

    PanzerAce Active Member

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    You know, I think I remember reading about that once as well.
     
  10. hsmith

    hsmith OT Supporter

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    Has to start somewhere :dunno:
     
  11. Ghostrider4450

    Ghostrider4450 New Member

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    Out of my mind, brb never.
    I hope this goes through as im planning on going to MSU in Bozeman MT to finish my bachelors. :x::x:
     
  12. kellyclan

    kellyclan She only loves you when she's drunk.

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    I recall they pushed for this or something like it a couple years ago.
     
  13. 7

    7 First comes smiles, then lies. Last is gunfire.

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    in my lungs


    lol amirite?

    j/k:hs:
     
  14. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Hopefully it passes and more gun-friendly states follow their lead.
     
  15. Vermincelli

    Vermincelli Banned

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    May have to check out real estate up there.
     
  16. Small Block LSX

    Small Block LSX BMW | N54 | LSX | Gun | PS3 | Parent | Night CREW

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    That would be awesome if it goes through. :big grin: But, Minnesota would NEVER allow that to go through.
     
  17. mattsb2000

    mattsb2000 OT Supporter

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    The DEA raided a bunch of the pot clinics last week. :hsugh:

    Federal law > State law
     
  18. striker754

    striker754 Chillin

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    Nice on the outside but totally fucking useless. The feds will still get your ass. Sure you wont face state prosecution, but you'll be facing federal charges.
     
  19. [DWI]

    [DWI] Master of Nothing

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    maybe florida will try and one up them. :x:
     
  20. striker754

    striker754 Chillin

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    maybe florida should try to get rid of waiting periods first :mamoru:
     
  21. Gaunt

    Gaunt blood for the blood god OT Supporter

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    damn 3 day waits on handguns.
     
  22. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Yeah, but concealed carry license takes care of that.
     
  23. [DWI]

    [DWI] Master of Nothing

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    :werd:

    didn't our three day waiting period served well during the 5 day waiting period of the brady act, existing state waiting periods preempted them if i am not mistaken.
     
  24. striker754

    striker754 Chillin

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    i doubt a state law preempted a more restrictive federal law.
     
  25. [DWI]

    [DWI] Master of Nothing

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    http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=73


    I. The Act`s five-day waiting period has never applied to many high-crime states

    **Under the Act, states are exempt from the five-day waiting period if their laws require law enforcement officials to conduct records checks to verify that prospective handgun purchasers are eligible to possess handguns. [18 U.S.C. §922(s)(1)(C)(ii)] When President Clinton signed the Act into law in 1993, 18 states and D.C. were automatically "Brady-exempt."
     

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