Montana governor signs "revolutionary" gun law

Montana governor signs "revolutionary" gun law

By The Idaho Observer

At a time when the most disarming "gun grab" bills in U.S. history are being debated in Congress, the state of Montana passed what could be described as the "lock and load law." The move is seen by many as the most overt challenge to relentlessly advancing federal authority since South Carolina seceded from the union in 1861.

Citing the compact between the U.S. government and Montana upon entering the union as the foundation describing the relationship between the two and applicable constitutional provisions and amendments, the Montana legislature passed HB 246 and it was signed by Governor Brian Schweitzer April 15, 2009.

The thrust of the law is to restore the right for lawful Montanans to keep and bear arms yet not invite federal intervention by being in violation of the "clause of all our problems"—the commerce clause, wherein the federal government finds the authority to regulate interstate commerce.

Ernest Hancock of the news portal Freedom’s Phoenix highlighted the new law’s most important Points: "If guns and ammunition are manufactured inside the state of Montana for sale and use inside Montana then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines.

"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."

Quoting the law: 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 only exceptions are firearms, "that cannot be carried and used by one person or have "...a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant."

Explosive ammo and fully automatic firearms are also not covered under the law which will be applied to all qualifying firearms, accessories and ammunition stamped "Made in Montana" after Oct. 1, 2009.

Montana has just given itself the green light to arm itself as the Democrat-controlled Congress is seeking to ban all the firearms, accessories and ammunition that will be lawful and unregistered in the Big Sky state. Gun grabbers in Congress are also attempting to ban huge demographics of people from being able to obtain licenses to own guns.

http://proliberty.com/observer/20090514.htm