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Montana Governor Signs Revolutionary New Gun Law

Posted on 04 May 2009 by george

Sent to us by Ernest Hancock Freedom’s Phoenix May 4, 2009

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.

Article written by Joe Heibel

              

25 Comments For This Post

  1. michael ganey Says:

    way to go! i am glad that someone still has some balls!that bastard traitor obama and his left WILL TAKE OUR GUNS IF ALLOWED! i believe the only way to save this great country is with guns,guts and blood! the american people had better wake up and wake up fast.

  2. J. R. Thompson Says:

    God bless Montana. I hope ALL other states will wake up and realize that the Federal government does not have the right to trample on States Rights. We have put up with this TOO long. I pray to God that many others will step up to the plate with the courage to this out of control federal government.

  3. J. R. Thompson Says:

    God bless Montana. I hope ALL other states will wake up and realize that the Federal government does not have the right to trample on States Rights. We have put up with this TOO long. I pray to God that many others will step up to the plate with the courage to stop this out of control federal government.

  4. Sarah Warr Says:

    This is something that I wish my state (Utah) would do! Go Montana!

  5. Shawn Says:

    HELL YEAH GO MONTANA!!!!! NOW IF WE CAN GET TEXAS TO DO THE SAME!!!!

  6. Larry Peterson Says:

    Wow, Way to go Montana. Now if only the governor of Texas and other states would follow and introduce the same bill.

  7. Jeff Green Says:

    FREEDOM!!! I am moving to Montana! Its about time we take our home back from Evil. Remember Freedom isn’t free. The Bully has too much power – this is time well overdue. Hey IRS say Bye Bye – hey Federal Reserve say Bye Bye. this is our home this is where we live. its time for action. I am tired of the hypocrisy & lies all for power and money by the federal govt and the diabolical – criminal – abusive – arrogant – elitist people that call themselves the law. The average Americans / US Citizens are the law. we trusted you people with our lives, liberty and pursuit of happiness and you have betrayed us. life today is so much worse than it was in the 50′s. You people who think your above the law; its time to leave or step down. we’re you boss and enough is enough. your like a cancer providing corrosive evolution with everything you touch. Remember, the only thing for evil to succeed and grow is for good men to stand idly by and do nothing. I vote for freedom – i love my home, my family and my country! i just HATE a thief and liar. Especially those who steal my hard work and leave me on the curb. this is absolutely divine what Gov Schweitzer has signed. Thank you for recognizing the law of the land. God bless patriots, God bless this website, God Bless Governor Schweitzer, and God Bless America!!!

  8. John Hammell Says:

    At Ft.Campbell Kentucky soldiers are now being forced to register and declare all privately owned firearms— is this a harbinger of coming martial law and a national effort to do the same thing?

    http://www.newsmax.com/headlines/soldiers_weapons_check/2009/05/05/210903.html

    Also- the military has been using soldiers as medical guineapigs for flu vaccines which kill and cripple people. Ask why. See this: http://www.youtube.com/watch?gl=GB&hl=en-GB&v=npWPwLcUyw0

    This guy David Faye has had to undergo dialysis for kidney failure stemming from a flu vaccine. The Marines initially had nothing on his service record about this shot, then it was added to it after he and his mom began pressing for answers. An annonymous medial officer stated with his face blanked out for fear of retribution that he thinks the DoD is experimenting on soldiers with these vaccines.

    Yesterday I was a guest on the Radio show of Bill Deagle, MD, a Virologist who turned whistleblower against the CIA’s weaponized flu virus which has been unleashed on us. Hear the archive on his site at http://www.nutrimedical.com
    Also hear the archive of the recent Jeff Rense interview he did with Deagle and with True Ott, ND on this topic at http://tr.youtube.com/watch?v=tY9xwiDV5V0&feature=PlayList&p=29A47AC6875B3B1E&index=3

    Deagle says we will be under martial law by the fall. He’s got countermeasures info on his site, and says we must push for immediate closure of the Mexican border and for Hepa Filters to be put aboard all planes flying into the USA because human vectors are being used to transmit this weaponized flu virus into the country for purpose of triggering a pandemic and martial law.

    Deagle was approached by CIA a few years ago wanting his help to develop a weaponized flu, but after reading through a stack of documents they had him read, he turned them down and became a whistleblower.

    Please showcase what he has to say so more people can become aware!!! We can only stop what is unfolding if we awaken enough people in time to take countermeasures and to force Congress to stop allowing this to happen!

  9. Michael in Oklahoma Says:

    Awesome! I’ll probably have to move to Montana now. I think I speak for all Amerian gun owners/enthusiasts when I say I’ve had enough of the Fed’s unconstitutional “laws”. Way to go Montana, see ya soon!

  10. Paul Says:

    California is the worst state in the union….Way to go Montana to stand up for your rights. I hope the NRA is backing you. I want to see your state of Montana lead the way for the rest of the country to follow suit…thanks again for standing up for our 2nd Amendment..god bless you

  11. Patrick Christensen Says:

    Way to go Montana. My parents left Butte in 1945 for the west coast, now I may have to complete the circle.

  12. Jason Says:

    Has anyone been able to verify this? Going by the Montana Legislature website it was never signed into law.

  13. rick Says:

    I am proud to see Americans standing up for their rights . So many are just plain complacent about it . We have started falling so fast lately that someone had to take a step towards stopping the illegal takeover of our country . Way to go Montana . I am sure that I will move to Montana myself just to help in this patriotic move . There has to be someone to make the first move and you are it . Great Job !

    Signed one proud american
    Rick

  14. Dave Haag Says:

    The 2nd amendment secures our right to keep and bear anywhere in the country. Why aren’t we doing it…..intimidation? The criminals are doing it. The Constitution IS the law of America. Our greatest enemy is not terrorists, it’s David Rockefeller and his partners of the NEW WORLD ORDER! Wake up America. Stand up and fight while you still can. We need to DESTROY this enemy now!!! God bless America!

  15. Marv Says:

    Buy me a one-way ticket to Montana and an “Oozie” (for protection). It’s past time that the states wake up and tell the usurper-President in D.C. there will be no more usurping State rights… by following Montana’s lead, or by seceding.
    Additionally, it’s past time for all of us to remind Congress (both houses) that they work for us, and we are tired of them selling us out to the Fed (private) Reserve, to “TARP’s” and to special interests and lobbyists. It’s time to vote OUT corruption, corrupt, self-serving politians, and vote IN responsible, constitution-honoring representatives, or … secede from the “United States of America” corporation, which is located ONLY in D.C. (the congress of 1871 created the “corporation of the “United States of America” inclusive ONLY of Washington D.C. This is known as the Act of 1871 and can be searched on the internet, or go to Youtube and look up “Two Constitutions”.

  16. todd hart Says:

    A LETTER TO THE GOVERNOR BRIAN SCHWEITZER

    Sir

    I saw the Glen Beck show featuring Montana law makers ,on the gun law you signed CONGRATULATIONS TO YOU SIR !! and thank you for being a true AMERICAN PATRIOT . That was a truly historic thing you have done for your state and country .
    sincerely
    Todd Hart

  17. Craig Worl Says:

    Hi, What if the comment about the State of Montana is Just a Ruse? I believe that If they have the names and addresses of “Your constituents”! Then they can use this to gain acess to “another land”! The only way to tell what is happening is if you use what we All have and that Is Prayer? The one that made us i s Over IT!!!! Done

  18. Charles Edmond Says:

    God Bless Montana !!! I hope that many other states follow suit. The second amendment is not about squirrel hunting and we all know it. I guess I should pack up and head to Montana soon. Montana has earned a place in the hearts of patriots, for bravery in the face of tyranny! This action stands out as a beacon to patriots across the land for love of freedom and country.

  19. Linda Says:

    Way to go! I think I’ll email this to our Governor.

  20. Larry Dunnington Says:

    This would save a lot of blood in the streets.

  21. Clint Says:

    I’m an advocate for gun rights but some of you are way too into this. It’s one thing to have a gun, but being obsessed with it is another thing. There is no way montana will suceed from the union. I doubt they will ever enen try to. Some of you just need to chill out.

  22. Mike B Says:

    The real interesting item is “how will this play out on an interenational level?”…

    http://www.youtube.com/watch?v=rHM5PLq9KXo

    http://www.greenpeace.org/raw/content/international/press/reports/ngo-copenhagen-treaty-legal.pdf

    Contact ALL Congressmen and Senators, after watching the YouTube video!

    Please call and inform and as many people as quickly as possible. This is real and it MUST be stopped!

  23. kiramatalishah Says:

    God Bless Montana !!! I hope that many other states follow suit. The second amendment is not about It’s a fact: if you want your website to make you money, generate leads or get subscribers you have to advertise in order to drive traffic to it. Of course this is true for any business, but it is absolutely essential for online business.

    http://www.onlineuniversalwork.com

  24. Rod Says:

    Now I know why we moved to the great state of Montana from a state (California) that is crumbling under the control of “elite progressives”.
    I walk out of the back door of my house, take about 20 steps and enjoy
    target practice at my leasure. So do all my neighbors. I have my 25 yard for my hand guns. I have my 100 and 200 yd. for my rifles. I wonder if I could get
    —— someone to pull targets for me?

  25. ricklmg42 Says:

    GO MONTANA!! if only kentucky would do the same along with every other great state in our country. I LUV GUNS!!!

2 Trackbacks For This Post

  1. Week in review « Craig W. Wright Says:

    [...] were manufactured and kept in Montana. Come to find out, the law has passed. Here’s a short article about all of [...]

  2. Montana Governor Signs Revolutionary New Gun Law « The Truth Or The Fight Says:

    [...] http://www.republicmagazine.com/montana-governor-signs-revolutionary-new-gun-law/ [...]

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