Legislative Rebellion Against Federal Gun Control in Montana and Wyoming

0
Share

Oguncontrol

 

Update courtesy reader MontanaConserv: Our bill here in Montana passed a while ago, and has already been declared null by our local Federal Judge Malloy (activist judge – see his record with the environmentals and wolves)…. It was approved for arguments to be presented to the 9th District Court this past week…and we can imagine how the 9th judges will vote.. this will go all the way to the Supreme Court.

Montana’s Governor signed a gun measure into law in 2009 that would overrule the federal government’s upcoming gun laws.

Montana sees gun confiscation as the federal government’s end goal.

Governor Cuomo of NY did us all a favor recently by mentioning the possibility of gun confiscation on a radio show. While that applies only to NY, if NY goes, others will eventually follow suit. Once the Constitution’s Second Amendment is destroyed, there will be a domino effect. Cuomo is more of a threat to the Second Amendment than Obama.

Whatever legislation California and New York propose will probably pass. Erosion of the Second Amendment via states is as concerning as a federal bill. States that resist provide a needed counter-balance.

The Supremacy Clause of the Constitution will likely supersede Montana’s bill but it will come to a showdown between the state and the federal government.

Montana believes that the manufacture of guns and ammo inside Montana for sale and use inside the state prohibits federal firearms laws being enacted inside the state of Montana because the federal government only has the power to control commerce across state lines.

The Montana law allows silencers, which are useful for hunters and gun enthusiasts. There will be no firearm registration, serial numbers, criminal records check, waiting periods, or paperwork required.

In a very short time, Montana will have millions of firearms owners.

Montana is talking about secession which they might have the right to do if their second amendment is violated as part of the deal they brokered when they joined the union.

Texas’ reaction will be interesting as well. They are refusing Federal money to avoid the conditions that go with it.

A Republican state lawmaker in Wyoming, State Rep. Kendell Kroeker (R-Evansville),  has introduced legislation that outdoes the Montana law.

The bill would make it a felony to enforce in Wyoming any federal ban on assault weapons or high-capactiy gun magazines, proposals which the Biden Commission will almost certainly recommend.

The penalty for federal agents would be five years in jail and a $50,000 fine for attempting to enforce such bans in Wyoming.

“We want to get things ahead of the game,” Kroeker said, pointing to opponents of the Bill of Rights two centuries ago who argued that the amendments were not necessary because there was no issue over those rights. “We take the Second Amendment seriously in Wyoming.” [HuffPo]

Kroeker’s bill covers gun bans that the federal government passes after Jan. 1, 2013.

“I take an oath to uphold, support and defend the Constitution of the United States and the constitution of Wyoming,” said Kroeker, who had previously sponsored legislation to return Wyoming to the gold standard. “I believe it is my duty to take that oath seriously. If the federal government is going to pass laws taking back our rights, it is our right as a state to defend those rights.” [HuffPo]

Kroeker believes the states have the power to nullify federal law and he cites as examples the Alien and Sedition Acts passed under President Adams. Kentucky and Virginia resisted state enforcement of the Acts. The Sedition Act made it illegal to insult the President or members of Congress and people were imprisoned for doing so.

Kroeker believes the bill will pass.

People like to point to the UK and Australia as proof that gun control works. The issue is complex but to simply state the bottom line. Australia’s violent crime rate is going up and the UK’s violent crime rate has tripled since the ban. If people want to kill, they will. McVeigh, Gacy, Bundy didn’t use guns.

Once they destroy the Second Amendment…

 

TEXT OF MONTANA’S 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.

 

WYOMING’S PROPOSED LEGISLATION

Click here to read the last two pages of the proposed legislation or read below:

p.2

1 regulation of the United States government relating to a

2 personal firearm, firearm accessory or ammunition that is

3 owned or manufactured commercially or privately in Wyoming

4 and that remains exclusively within the borders of Wyoming.

5

6 (b) Any official, agent or employee of the United

7 States government who enforces or attempts to enforce any

8 act, order, law, statute, rule or regulation of the United

9 States government upon a personal firearm, a firearm

10 accessory or ammunition that is owned or manufactured

11 commercially or privately in Wyoming and that remains

12 exclusively within the borders of Wyoming shall be guilty

13 of a misdemeanor felony and, upon conviction, shall be

14 subject to imprisonment for not more less than one (1) year

15 and one (1) day or more than five (5) years, a fine of not

16 more than two thousand dollars ($2,000.00) five thousand

17 dollars ($5,000.00), or both.

18

19 (c) The attorney general may defend a citizen of

20 Wyoming who is prosecuted by the United States government

21 for violation of a federal law relating to the manufacture,

22 sale, transfer or possession of a firearm, a firearm

23 accessory or ammunition owned or manufactured and retained

24 exclusively within the borders of Wyoming.

p.3

1

2 (d) Any federal law, rule, regulation or order

3 created or effective on or after January 1, 2013 shall be

4 unenforceable within the borders of Wyoming if the law,

5 rule, regulation or order attempts to:

6

7 (i) Ban or restrict ownership of a semi8

automatic firearm or any magazine of a firearm; or

9

10 (ii) Require any firearm, magazine or other

11 firearm accessory to be registered in any manner.

12

13 Section 2. This act is effective immediately upon

14 completion of all acts necessary for a bill to become law

15 as provided by Article 4, Section 8 of the Wyoming

16 Constitution.

17

18 (END)

Share