Montana Defies Feds on Guns | Print |  E-mail
Written by Alex Newman   
Monday, 11 May 2009 04:27

The state of Montana approved what commentators are dubbing a “revolutionary” new law earlier this month. The “Montana Firearms Freedom Act” is set to trigger a legal showdown between the federal government and the state, which is exactly what some lawmakers are hoping for.

"It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," said Democratic Gov. Brian Schweitzer, who signed the legislation.  The law would exempt from federal regulation all guns, ammunition, and accessories that are made, sold, and kept within the state — provided they are stamped with the words “Made in Montana.” The idea is that since the federal government justifies its regulations using the interstate commerce clause of the U.S. Constitution, it has no authority to regulate intrastate trade in firearms.

According to an Associated Press article entitled "Montana gun law targets states' rights clash," the drafters of the bill aim to test the law with a single-shot .22 caliber rifle. The plan is to have a “squeaky-clean” Montanan send a note to the federal Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) threatening to manufacture and sell 20 of the youth-model rifles without a federal permit. If the ATF tries to claim it is illegal, they hope to take the case all the way to the U.S. Supreme Court. An ATF spokesperson cited in the article had no comment about the legislation.

The text of the bill cites the Ninth and 10th Amendments to the U.S. Constitution which guarantee “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.” It also cites the Second Amendment to the U.S. Constitution and its own constitution which “clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms.”

Similar attempts to challenge the federal government on other issues have prompted armed federal raids and less-than-favorable outcomes in court. The state of California legalized medical marijuana that was grown and kept within the state, but in 2005 the U.S. Supreme Court ruled that since marijuana in California is indistinguishable from marijuana grown elsewhere, the federal government had the authority to regulate both. The firearms in question would be distinguishable from out-of-state guns because of the required stamp, so how the court would rule is still uncertain.

Though criticism of the law has been minimal thus far, some anti-gun activists are up in arms. "Guns cross state lines and they do so constantly, and this is a Sagebrush Rebellion-type effort to light some sort of fire and get something going that's pleasing to the gun nuts and that has very little actual sense," the communications director for the Brady Campaign to Prevent Gun Violence told the Associated Press, referring to a rebellion by some Western states over grazing and mineral rights on federal land in the seventies and eighties.

“What we need here is for Montana to be able to handle Montana’s business and affairs,” said Republican sponsor Rep. Joel Boniek during the legislature’s debate on the bill. "Firearms are inextricably linked to the history and culture of Montana, and I'd like to support that. But I want to point out that the issue here is not about firearms. It's about state rights." The bill passed easily in both houses and is now spreading to other states including Utah, Tennessee, Texas, and Alaska. "I think states have got to stand up or else most of their rights are going to be buffaloed by the administration and by Congress," said Texas state Rep. Leo Berman. He added that the bill filed in the Texas legislature “deals with firearms and ammunition, which raises eyebrows, but it's more of a 10th Amendment bill than a Second Amendment bill.… Sovereignty is a big issue right now."

Montana has defied the federal government on everything from wetlands protection to the Real-ID Act. This is another positive step the state is taking in the battle to rein in an out-of-control federal government that routinely ignores the contract which gives it authority. Speculation about the effect of the new law is running rampant. Commentators have predicted everything from Montana seceding from the Union to federal agents being arrested. Some have called it the first shot in a new war for independence, while others have said it will have almost no effect. But regardless of the outcome in court, if it ever gets there, it is encouraging to see the states rising up to reassert their sovereignty under the U.S. Constitution.

Photo:  Gov. Brian Schweitzer 
      
 

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Sloan said:

0
 Its about d**n time
When are we going to say enough is enough!

Government is run amok. Our 'representatives' in Washington have not been representing us for many years. They routinely ignore the will of the people.

It is time for us to take back our country from both the Republicans and Democrats. The two party system is broken and the political process is disfunctional.

This is the best news I have heard in years.
 
May 11, 2009
Votes: +120

Jim Randleman said:

0
 Southern Region Director CPNC
The issue we face in America is no longer just about taking America back, it is about States Rights first and foremost having power over the federal government to govern ourselves as independent states of the Republic. Montana and Texas seem to be ahead of the curve and the rest of the states need to catch up!
Below is a link to an interesting collection of documents that point to the over reaching federal government, aka designing men, that have hijacked States Rights......

http://www.ncrepublic.org/recon-acts.html
 
May 11, 2009 | url
Votes: +53

Mario G. said:

0
 ...
Go Montana!
 
May 11, 2009
Votes: +40

Flu-Bird said:

0
 Good for MONTANA
Its about time some states started rocnising our 2nd amendment rights and started noticing the U.S. CONSITUTION foe what its was realy writted about and their telling OBAMASES THE GREAT that the constitution not the UN treaties are the law of the land
 
May 11, 2009
Votes: +42

Victor said:

0
 Good job
I hope more states follow suit challenging federal authority on various unconstitutional issues. The options are unfortunetely plentiful.
 
May 11, 2009
Votes: +43

Bob Kraft said:

0
 citizen
It is good to see common sense used by the Montana fathers to combat out of control big government. Will be interesting to see how the Big O machine attacks people straying from the "Change" in this Country. Other States are watching this mild rebellion before they act to see how it plays out.
 
May 11, 2009
Votes: +36
Take better aim, Lowly rated comment [Show]

goofy said:

0
 why we need guns
Ok crank. We need the guns to protect ourselves from the government not little bambi, little bambi just taste good.
Read the constitutionl amendments its in there,not bambi, but the right to bear arms
 
May 12, 2009
Votes: +32

10th amendment said:

0
 ...
We need other states to follow suit. This shall be the new "emerging consensus" by which the supreme court will consider during this case.

where are Barbour, Jindal, Riley, and other conservative governors on this issue?

Now is the time to stand up and be heard.
 
May 12, 2009
Votes: +35

buds police supply said:

0
 we need guns
We need guns for self defense. The biggest crime of all is taking away the human's right to bear arms.
 
May 12, 2009 | url
Votes: +24

defcon1 said:

0
 Welcome news
Those elected and appointed to the federal government have bastardized the Commerce Clause for decades, using it to grant themselves far more authority than is legitimately authorized to them in our Constitution. It is a delightful change to see the States attempting to reclaim some of the rightful, lawful freedoms and responsibilities for their citizens.
 
May 12, 2009
Votes: +38

Tarkin said:

0
 Time to make us a Republic again
Maybe this will help trigger a movement to repeal the 17th and return control of the Senators back to the States!
 
May 12, 2009
Votes: +31

JT said:

0
 ...
Tarkin I agree with you 100%. The right to keep and bear arms has nothing to do with hunting and all to do with protecting family, self and property.
 
May 12, 2009
Votes: +29

Neal said:

0
 Go Montana!!!
Good for the common sense of those who breath fresh air and not the fetid, PC, ACLU, DEMOPUBLICAN air of a district so geographically, legally and constitutionally out of touch with those of us who ARE America.

I propose a Constitutional Convention, called by Montana and supported by 37 other angry states to reaffirm the supremacy of the 10th Amendment over the Commerce Clause by which the federal goverment pillages and burns the States by federal taxation. I get sick of being told I don't save as much as the _____ (fill in the blank/Japanese/ Europeans) when 60% of what I make is taken by one level of tax or another. Similarly, the States are sick and tired of Washington stealing all the wealth and taking it to DC where they parcel it back out to those states who comply with grasping, overreaching federal laws, from highways to unemployment to welfare and healthcare, knowing the States have no money left to imagine and pay for their own programs and plans.

The 10th Amendment MUST be revived to the Supreme Law of the Land. Call for the Convention!!!

Neal
 
May 12, 2009
Votes: +23

Mark Z said:

0
 States Rights vs. Federal Tyranny
Way to go Montana. Many states are riled up over an ever increasing loss of rights to our blotted Federal Government. In fact, 26 states have ratified some form of a "Declaration of State Sovereignty" (as we have here in Idaho) with Gov. Perry of Texas going a step further using the "S" word.
I'm reminded of this sage wisdom from Thomas Jefferson;
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
And again;
"When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe."
Amen brother!





 
May 12, 2009
Votes: +23

Daniel Sauerborn said:

0
 Looks brilliant to me
I think it's a brilliant idea.

Along similar lines I hope to see some states fight the Federal Reserve's monopoly on money, and fiat money itself. If they passed bills allowing local precious metal-backed currencies to be banked without leverage (fractional reserves) and without FDIC, then small well-run banks who used such currencies wouldn't be getting robbed through excessive FDIC rates, and deposits would be more secure than typical fiat currency deposits are today. Depositor's money-value wouldn't get eaten away by the FED's printing presses, and the monopolies on credit enjoyed by a few big banks would be broken.
 
May 12, 2009
Votes: +9

Jimi said:

0
 ...
Unfortunately, the supremes are more clever than the legislators. They will find loopholes, like every tiny part is not marked. So, this will go nowhere until another approach is attempted. The supreme's may just leave it to the appeals courts and may not hear it as it's "too hot" for them. Remember, the supremes are cowardly people looking after themselves.
A better approach would be for several states to band together and challenge the 16th admendment. If enough call for a re-working of it, the Feds will be so scared that their cash cow could be cut off they will do anything to stop that, including restoring the 10th admendment. Either way, as more are wise to this more will demand federal restrictions on power. The best and quickest way is to follow the money trail and cut it off.
 
May 12, 2009
Votes: +10

H.D. said:

0
 ...
About d**n time! I applaud the state of Montana and hope my home state of Wyoming follows suit. It's time to put Washington DC back in thier place!!!
 
May 12, 2009
Votes: +8
Interesting idea, but not for our country., Lowly rated comment [Show]

G. Washington said:

0
 Rob:
"Each state can not live by it's own rules and still call us United."

I'm fine with living under similar rules, but the authority for those rules is the U.S. Constitution, which says our right to keep and bear arms shall not be infringed. Keep in mind too that each state is a sovereign republic in a voluntary union. If the Feds violate that contract, the states MUST respond or we will live under despotism, not the rule of law.
I applaud the legislators, the governor and the people of Montana for taking this courageous stand. God speed my brothers!
 
May 13, 2009 | url
Votes: +14

Al Hefner said:

0
 Montana throwing down !!
This is much more than a Second Amendment and RTKBA issue. It really is about a challenge to the bunch of self serving rats that have occupied elected office in D.C. for much to long.

It really is time for the voters of this country to revolt in the manner of voting out of office every critter that has occupied the position for more than 2 terms just on principle.
 
May 13, 2009 | url
Votes: +10

TX CHL Instructor said:

0
 If Montana can...
If Montana can do it and make it stick, maybe the Great State of Texas can follow suit. Otherwise, I might have to move to Montana.
--
www.chl-tx.com (Thanks, BHO, for the fantastic stimulus you have given *my* business!)
 
May 13, 2009 | url
Votes: +9

swedishhighball said:

0
 Montana
Kudos to Montana. Soc et tuem.
 
May 13, 2009
Votes: +3

Tommy said:

0
 WOW!!!
Way to go Montana!!! I am hoping to get this same movement started here in Idaho. It's not about hunting, it's about protection from our own government sticking their noses into things that are non of their business.
 
May 13, 2009
Votes: +9

dt0x said:

0
 Hoorah Montana!!
Hoorah to Montana for sticking up for States Rights! This New Yorker has your back Montana. Its the Feds move now.


States Rights!!!
 
May 13, 2009
Votes: +7

Carol Johnson said:

0
 ...
Great! I hope they wil expand this to all weapons and other states will follow. The Democratic Party is determined to take away all our Second Amendment rights by any means, illegal or otherwise.
 
May 14, 2009
Votes: +3

Good_grief said:

0
 Ah yes...the Brady Bunch again.
And not the moral, All-American, laughter-inducing TV family either.

I wonder what would have happened to this ignorant bimbo in the days of our forefathers? Can you imagine that fool parading around in the streets of a colonial town shrilling about the gun nuts who should have their flintlock rifles confiscated by a powerful government - such as the one they'd just shed blood to free themselves from?

I doubt she'd have been able to get much of a following in the first place. The traitorous mass media we have today didn't exist back then, and few if any printing press owners would have reproduced any of her propaganda. Not only because of their own ability to detect her as a deluded harlot, but the such publications would have seen rightly angered men smashing the presses (and perhaps the persons) of anyone who allied themselves with her.

The most likely scenarios are, IMHO:

1.Her family, humiliated at her nonsensical jibberings, has her confined to a mental institution as a hopeless nutcase for life, with no bleeding-heart idiot liberal judge or lawyer to free her.

2.Her family marries her off to a man willing to show Miss Brady through loving, judicious discipline, that she needs to submit to and obey her husband. If he were successful she would become a productive member of society, raising the next generation of children.

3.A furious person (or crowd of same) deposits her in the nearest body of water with stone overshoes. Charges are not pressed.
 
May 14, 2009
Votes: +2

watson said:

0
 ...
moving to montana
 
May 15, 2009
Votes: +3

Jon A said:

0
 ...
Montana here I come!
 
May 15, 2009
Votes: +3

to arms said:

0
 If Motana needs help
If federal agents defy the new law in montana and start "Armed" raids on any company or U.S. citizen and they (Montana) need any help, just say the word and I for one will be there to help defend the state or any other state that needs help.

The Federal government has over stepped their constitutional bonds and it's about dang time someone puts them in their place.

Go Montana, Texas, Alaska and any other state willing to do this.
 
May 16, 2009
Votes: +6

Albert Levy said:

0
 ...
I live in Arizona and hold a CCW. I am glad to see that the defiance against the intrusion of States rights has started.

Go Montana!!!!
 
May 17, 2009
Votes: +4

Stephen Schaefer said:

0
 Third Political Party Needed
It is time for the Comstitution Party to step up and get the support of the people. Frick and Frack parties have done nothing and will do nothing except self-serve. We need to get legislators in Wash DC who support the Constitution not their pocket books. Vote Constitution Party.
 
May 17, 2009
Votes: +8

Chris Brogan said:

0
 Fire the Federal Central Government
Obviously the Federal government (all of its branches) has long ago went far beyound its Constitutional authorites. When the several states, now 50, set up that instiution they didn't not intend to give up their soverienty. Beginning with Lincoln and later with Teddy Roosevelt the feds have Progressively attacked state authorities and the Constitution.

Ocassionally states have tried to buck the Feds. Usually they are painted as Sessionists, Racists, White Supremisists, etc.
But the reality is the Feds have been and are operating Un-Constitutionally. The States should have ordered the Federal government to stand down long ago but they have no guts and or their are too amny Federal supporters in state politics to get the job done.

I believe:
1) That Federal Reps and Senators should be ordered back to their home states effective shutting down the Federal legislature (Congress).

2) The Administration should be ordered follow the directive of the States with no backtalk!

3) The Judiciary should be told to take a year off while the staes reconsider its previous decisions and law making actions.

Some would say that these actions would cause a Constutional Crisis. I say we already have a Constutional Crisis caused by the States not properly handling their Federal Agent. Its time the States started acting like the soverign states they are and fix the proplem for "ourselves and our posterity"!
 
May 18, 2009
Votes: +7

Mike Millsap said:

0
 ...
Well, it is about time the "several states" reasserted their sovereignty over the central government. However let's not forget the tragic consequences resulting from the last time 13 Sovereign States righteously attempted to assert their Constitutional rights and stand up to unconstitutional activities perpetrated upon them by a Federal Government using usurped powers. Those states suffered greatly for for it, not only on the battlefield (they held their own in that respect), but having their cities and farms pillaged and burned, their women and children murdered, and their personal possessions plundered by the Federal forces sent to "punish" them for their effrontery. And because they "lost" we as Americans have too. We are so far removed from what our Founders gave us as a form of government they (our Founders) wouldn't even recognize it in what we have today.

I agree with most of the posts above, but I also know that when it comes right down to it most people are not willing to "put it all on the line". I do hope that this is just the beginning of a "reawakening" in America and that more and more of us start demanding from our state and federal "representatives" their adherance to the oath of office they recite when they are elected. If not, we MUST remove them before our Great Nation is lost to the GATTs and NAFTAs and the rest of the NWO plans for globalization.
 
May 18, 2009
Votes: +2

Rudy said:

0
 Stand up for Freedom
Now let all the states defend their constitutional rights and freedoms.

In 1965, Dwight D. Eisenhower's Secretary of Agriculture, Ezra Taft Benson, said the following: Our Republic and Constitution are being destroyed while the enemies of freedom are being aided. How? In at least ten ways:

1. By diplomatic recognition and aid, trade and negotiations with the Communists. [We are currently doing]

2. By disarmament of our military defenses. [We are currently doing in a big way]

3. By destruction of our security laws and the promotion of atheism by decisions of the Supreme Court. [We are currently doing]

4. By loss of sovereignty and solvency to international commitments and membership in world organizations. [We are currently doing]

5. By undermining of local law enforcement agencies and Congressional investigation committees. [We are currently doing]

6. By usurpations by the Executive and the Judicial branches of our Federal Government. [We are currently doing]

7. By lawlessness in the name of civil rights. [Affirmative Action, Homosexual “Marriages,” etc.]

8. By staggering national debt with inflation and the corruption of the currency. [Boy are we seen this now]

9. By a multiplicity of executive orders and federal programs which greatly weaken local and state government. [“He” is doing]

10. By the sacrificing of American manhood by engaging in wars we apparently have no intention of winning. . [We are currently doing]

Watch the whole video presentation at http://www.viddler.com/explore...ideos/49/. Listen for point that will help you identify who and what we are dealing with today, how far we have departed from the constitutional principles that guard our freedoms and liberties.

Now listen to this audio file: http://www.youtube.com/watch?v...r_embedded and see if Obama’s radio comments fit the profile set by Ezra Taft Benson.

 
May 21, 2009
Votes: +2

ken keen said:

0
 ...
GO MONTANA ,I LIVE IN FLORIDA I HOPE THAT THE STATE OF FLORIDA WILL FOLLOW THE SAME PATH AS MONTANA.THE FEDS HAVE WAY TOO MUCH CONTROL,THEY ARE TOTALLY WAY TOO POWERFUL.IT WILL BE INTERESTING TO SEE HOW MONTANA'S CASE PLAYS OUT.
 
May 26, 2009
Votes: +3

Mark Z said:

0
 Rudy...You are the Man!
smilies/grin.gif
Thanks for the quotes from Ezra Taft Benson. Whoa was he ever right!

Another statesmen from our original founding fathers, Thomas Jefferson, whom I have mentioned above, also said;
"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."
And;
"I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered."

Federal Reserve & TARP anyone?

I want a bumper sticker that says; "Don't blame me, I voted for Ron Paul".
 
May 28, 2009
Votes: +5

Flu-Bird said:

0
 Constitution yes UN no
Its noworthy that a few years ago while we were celebrating the 4th of JULY the UN scondrels were holding a meeting on gun bans and gun control ITS HIGH TIME TO EVICT THESE UN CRINIMALS AND HAVE THE UN EYESORE BUILDING TORN DOWN
 
June 03, 2009
Votes: +7

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