GLOCK LIFE

The governor signed off on this bill and it is now Montana Law

Montana Governor Sign

Stunning New Gun Law

KVPI Channel 6 (Montana) Associated Press - April 15, 2009 5:24 PM ET

5-4-9 MONTANA SOVEREIGNTY BILLS HAVE NATIONALSCOPE HELENA, Mont. (AP) - Gov. BrianSchweitzer hassigned into law a bill that aims to exempt Montana-made guns fromfederal regulation. House Bill 246 was sponsored byRepublican Rep. Joel Boniek of Livingston. It applies only to guns madeand kept in Montana. Its supporters hope it triggers a courtcase to test the legal basis for federal rules governing gun sales. The measure is 1 of many introduced thisyear by state lawmakers across the nation that seek to assert statesovereignty. Along with the gun bill, Montanalegislatorsare also considering a resolution that affirms the federal governmentonly has those powers listed in the U.S. Constitution. House Resolution 3 follows an effort thatfailed earlier this session. It was heard Wednesday by the HouseJudiciary Committee. Copyright 2009 The Associated Press. Allrights reserved. This material may not be published, broadcast,rewritten or redistributed. http://www.kpvi.com/Global/story.asp?S=10190400 MONTANA GOVERNOR SIGNS NEW GUN LAW Executive Summary ­- The USA state ofMontanahas signed into power a revolutionary gun law. I mean REVOLUTIONARY.The State of Montana has defied the federal government and their gunlaws. This will prompt a showdown between the federal government andthe State of Montana. The federal government fears citizens owningguns. They try to curtail what types of guns they can own. The guncontrol laws all have one common goal ­ confiscation of privately ownedfirearms. Montana has gone beyond drawing a line inthesand. They have challenged the Federal Government. The fed now eithertakes them on and risks them saying the federal agents have no right toviolate their state gun laws and arrest the federal agents that try toenforce the federal firearms acts. This will be a world-class event towatch. Montana could go to voting for secession from the union, whichis really throwing the gauntlet in Obama's face. If the federalgovernment does nothing they lose face. Gotta love it. Important Points ­ If guns and ammunitionaremanufactured inside the State of Montana for sale and use inside thatstate then the federal firearms laws have no applicability since thefederal government only has the power to control commerce across statelines. Montana has the law on their side. Since when did the USA startfollowing their own laws especially the constitution of the USA, thevery document that empowers the USA. Silencers made in Montana and sold inMontanawould be fully legal and not registered. As a note silencers were firstused before the 007 movies as a device to enable one to hunt withoutdisturbing neighbors and scaring game. They were also useful as devicesto control noise when practicing so as to not disturb the neighbors. Silencers work best with a bolt-actionrifle.There is a long barrel and the chamber is closed tight so as to directall the gases though the silencer at the tip of the barrel. Semi-autopistols and revolvers do not really muffle the sound very well excepton the silver screen. The revolvers bleed gas out with the sound allover the place. The semi-auto pistols bleed the gases out when theslide recoils back. Silencers are maybe nice for sniperspickingoff enemy soldiers even though they reduce velocity but not verypractical for hit men shooting pistols in crowded places. Silencerswere useful tools for gun enthusiasts and hunters. There would be no firearm registration,serialnumbers, criminal records check, waiting periods or paperwork required.So in a short period of time there would be millions and millions ofunregistered untraceable guns in Montana. Way to go Montana! Discussion ­ Let us see what Obama does.If hehits Montana hard they will probably vote to secede from the USA. Thegovernor of Texas has already been refusing Federal money because hedoes not want to agree to the conditions that go with it and he hasbeen saying secession is a right they have as sort of a threat. Thingsare no longer the same with the USA. Do not be deceived by Obama actingas 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 REGULATIONUNDERTHE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM,A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED INMONTANA; AND PROVIDING AN APPLICABILITY DATE. BE IT ENACTED BY THE LEGISLATURE OF THESTATE OF MONTANA: Section 1. Short title. [Sections 1through 6] may be cited as the "Montana Firearms Freedom Act". Section 2. Legislative declarations ofauthority. The legislature declares that the authority for [sections 1through 6] is the following: (1) The 10th amendment to the UnitedStatesconstitution guarantees to the states and their people all powers notgranted to the federal government elsewhere in the constitution andreserves to the state and people of Montana certain powers as they wereunderstood at the time that Montana was admitted to statehood in 1889.The guaranty of those powers is a matter of contract between the stateand people of Montana and the United States as of the time that thecompact with the United States was agreed upon and adopted by Montanaand the United States in 1889. (2) The ninth amendment to the UnitedStatesconstitution guarantees to the people rights not granted in theconstitution and reserves to the people of Montana certain rights asthey were understood at the time that Montana was admitted to statehoodin 1889. The guaranty of those rights is a matter of contract betweenthe state and people of Montana and the United States as of the timethat the compact with the United States was agreed upon and adopted byMontana and the United States in 1889. (3) The regulation of intrastate commerceisvested in the states under the 9th and 10th amendments to the UnitedStates constitution, particularly if not expressly preempted by federallaw. Congress has not expressly preempted state regulation ofintrastate commerce pertaining to the manufacture on an intrastatebasis of firearms, firearms accessories, and ammunition. (4) The second amendment to the UnitedStatesconstitution reserves to the people the right to keep and bear arms asthat right was understood at the time that Montana was admitted tostatehood in 1889, and the guaranty of the right is a matter ofcontract between the state and people of Montana and the United Statesas of the time that the compact with the United States was agreed uponand adopted by Montana and the United States in 1889. (5) Article II, section 12, of theMontanaconstitution clearly secures to Montana citizens, and prohibitsgovernment interference with, the right of individual Montana citizensto keep and bear arms. This constitutional protection is unchanged fromthe 1889 Montana constitution, which was approved by congress and thepeople of Montana, and the right exists as it was understood at thetime that the compact with the United States was agreed upon andadopted 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 theboundaries of Montana described in Article I, section 1, of the 1889Montana constitution. (2) "Firearms accessories" means itemsthatare used in conjunction with or mounted upon a firearm but are notessential to the basic function of a firearm, including but not limitedto telescopic or laser sights, magazines, flash or sound suppressors,folding or aftermarket stocks and grips, speedloaders, ammunitioncarriers, 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,afirearm accessory, or ammunition has been created from basic materialsfor functional usefulness, including but not limited to forging,casting, machining, or other processes for working materials. Section 4. Prohibitions. A personalfirearm, afirearm accessory, or ammunition that is manufactured commercially orprivately in Montana and that remains within the borders of Montana isnot subject to federal law or federal regulation, includingregistration, under the authority of congress to regulate interstatecommerce. It is declared by the legislature that those items have nottraveled in interstate commerce. This section applies to a firearm, afirearm accessory, or ammunition that is manufactured in Montana frombasic materials and that can be manufactured without the inclusion ofany significant parts imported from another state. Generic andinsignificant parts that have other manufacturing or consumer productapplications are not firearms, firearms accessories, or ammunition, andtheir importation into Montana and incorporation into a firearm, afirearm accessory, or ammunition manufactured in Montana does notsubject the firearm, firearm accessory, or ammunition to federalregulation. It is declared by the legislature that basic materials,such as unmachined steel and unshaped wood, are not firearms, firearmsaccessories, or ammunition and are not subject to congressionalauthority to regulate firearms, firearms accessories, and ammunitionunder interstate commerce as if they were actually firearms, firearmsaccessories, or ammunition. The authority of congress to regulateinterstate commerce in basic materials does not include authority toregulate firearms, firearms accessories, and ammunition made in Montanafrom those materials. Firearms accessories that are imported intoMontana from another state and that are subject to federal regulationas being in interstate commerce do not subject a firearm to federalregulation under interstate commerce because they are attached to orused in conjunction with a firearm in Montana. Section 5. Exceptions. [Section 4] doesnot apply to: (1) a firearm that cannot be carried andused by one person; (2) a firearm that has a bore diametergreaterthan 1 1/2 inches and that uses smokeless powder, not black powder, asa propellant; (3) ammunition with a projectile thatexplodes using an explosion of chemical energy after the projectileleaves the firearm; or (4) a firearm that discharges two or moreprojectiles with one activation of the trigger or other firing device. Section 6. Marketing of firearms. Afirearmmanufactured or sold in Montana under [sections 1 through 6] must havethe words "Made in Montana" clearly stamped on a central metallic part,such as the receiver or frame. Section 7. Codification instruction.[Sections1 through 6] are intended to be codified as an integral part of Title30, and the provisions of Title 30 apply to [sections 1 through 6]. Section 8. Applicability. [This act]appliesto firearms, firearms accessories, and ammunition that aremanufactured, as defined in [section 3], and retained in Montana afterOctober 1, 2009. -