Everyone needs to read this! This is how it's done.

This is a discussion on Everyone needs to read this! This is how it's done. within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; First everyone thank the boys and girls in Helena, Montana. Second, Florida and Texas residents need to push for something like this, since we have ...

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Thread: Everyone needs to read this! This is how it's done.

  1. #1
    VIP Member Array BAC's Avatar
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    Everyone needs to read this! This is how it's done.

    First everyone thank the boys and girls in Helena, Montana. Second, Florida and Texas residents need to push for something like this, since we have the greatest likelihood of passing it and our states could add serious muscle behind this momentum.

    Second, everyone take a gander at these two proposals: HB 228 and HB 246.

    Cliff Notes version? The first (HB 228) is a new and improved Castle Doctrine (the only one better than Florida's, if it passes), and the second (HB 246) is a reminder to .gov that its jurisdiction over firearms relies on the "interstate" part of the interstate commerce clause, and is an argument I've been hoping a legislature would make for years.

    Quote Originally Posted by HB 228
    A BILL RESTORING THE RIGHT OF SELF-DEFENSE. Among other
    things, this bill reaffirms the right of Montanians to use firearms to
    defend themselves or others by providing that:

    (1) A law-abiding person threatened with bodily injury has no duty to
    flee;

    (2) A person may harmlessly and defensively brandish or display a
    firearm;

    (3) A landlord, hotel, or motel may not prohibit firearms;

    (4) An employer who bans firearms has a responsibility for protecting
    the employees;

    (5) A concealed firearm may be carried without a permit unless used
    to commit a criminal offense; and

    (6) Deadly force may be used in some cases to effect a citizen's
    arrest.
    Quote Originally Posted by HB 246
    A BILL ALLOWING GUNS TO BE MADE IN THE STATE.
    Among other things, this bill states that:

    (1) Based on the Second, Ninth, and Tenth Amendments, a firearm,
    accessory, or ammunition manufactured in Montana which remains in
    Montana and is marked "Made in Montana" is not subject to federal law
    or regulation; and

    (2) Raw materials from other states or generic or insignificant parts
    from other states do not render these provisions inapplicable to what
    otherwise is a Montana firearm.
    Go get 'em, Montana.


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


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  3. #2
    VIP Member Array dukalmighty's Avatar
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    I don't agree with the brandishing part,how do you harmlessly brandish a weapon,you either have a right because you are in fear for your life,so say somebody cuts you off in traffic you gonna pull a gun and wave it at them
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  4. #3
    Member Array ImaShepardRU's Avatar
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    I am starting to think about moving to the Republic of Montana!
    This is the law;
    The purpose of fighting is to win.
    There is no possible victory in defense.
    The sword is more important than the shield and skill is more important than either.
    The final weapon is the brain. All else is supplemental. - John Steinbeck

  5. #4
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    I agree, I think open carry would be better then brandishing.

  6. #5
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    I like it.

    Now... if we could get the other 49 states to do the same...
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

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  7. #6
    VIP Member Array BAC's Avatar
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    Y'all read it yet or just went by the cliff notes?

    Section 3. Defensive display of firearm not offense. (1) A person who displays or shows a firearm for a harmless defensive purpose needs no justification for the display and may not be charged with or convicted of an offense for that display.

    (2) Displaying or showing a firearm includes but is not limited to:

    (a) openly wearing, carrying, or possessing a firearm;

    (b) verbally informing another that one possesses a firearm; and

    (c) holding a firearm in a position so that the firearm does not point directly at another person.

    (3) The right to show or display a firearm does not include the following situations, and justification is required for the display:

    (a) intentionally or recklessly pointing a firearm directly at another person or sweeping another person with the muzzle of a firearm;

    (b) intentionally discharging a firearm in the direction of another person; or

    (c) deliberately provoking another person into threatening words or actions when possessing a firearm.
    If you've got cause to show it, you're good. If you wave it at someone because they cut you off in traffic, you're not.


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


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    Senior Member Array Frogbones's Avatar
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    Neat, I like.

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    Senior Member Array Roadrunner's Avatar
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    Roadrunner the chemistry major is wondering if they need any new chemists out in Montana. Looks like they have the right idea of how to govern their citizens.
    - Kurt
    “Freedom is the sure possession of those alone who have the courage to defend it.” ~Pericles of Athens
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  10. #9
    VIP Member Array cdwolf's Avatar
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    What are the odds this get's approved?
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  11. #10
    Member Array Henry's Avatar
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    It looks like Montana is headed in the right direction!

  12. #11
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    There are plenty of cases of brandishing that are good. like someone approaches your car and they look like they are up to know good. like here http://www.defensivecarry.com/vbulle...one-today.html

    the person in this thread would not need to have woried about brandishing charges.

  13. #12
    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by dukalmighty View Post
    I don't agree with the brandishing part,how do you harmlessly brandish a weapon,you either have a right because you are in fear for your life,so say somebody cuts you off in traffic you gonna pull a gun and wave it at them
    I obviously didn't read this the same way you did:
    (2) A person may harmlessly and defensively brandish or display a firearm;
    and, not or. I don't believe you could meet the defensively requirement for waving it at someone who cut you off in traffic. Now, if they're repeatedly ramming your car, different story. I believe the intent of the clause is to prevent a BG who was scared off by the presence of your firearm from calling the cops on you for merely showing your gun to prevent his committing a crime.

    Best of luck in getting this passed.

    Hoss
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  14. #13
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    Somehow I don't think the proposal about "Montana made" will keep the Feds out of things. The ammo would also have to be Montana made, and you know Uncle will argue that the raw materials, steel, were mined elsewhere.

  15. #14
    Distinguished Member Array kazzaerexys's Avatar
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    Wow.

    That is exactly what a State firearms law ought to look like. Pardon while I fetch that list in my wallet titled States I Ought To Consider Moving To. It needs some updating.

    I hope for all the Montanans out there that these bills get passed---and, not living there right now, I selfishly pin more hope on the second bill.

    HB 246
    A Bill Telling the Feds to go Bugger Off
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  16. #15
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    I hate to burst y'all's bubbles, but neither of these bills are likely to pass. Does a snow ball's chance in Hades sound familiar? That's why I've hesitated to post anything about them, and I've known of them for a couple weeks now.

    Identical, or very similar bills, were introduced in the Montana Legislature in 2005 and 2007, and went down in flames.

    The State House is split 50/50, and the Speaker is a Democrat. The only good news is that the Chairman of the House Judiciary Committee is a Republican.

    IF either bill passes, it will be extremely watered down.

    Stay tuned, but don't hold your breath!


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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