Montana - House shoots down federal gun controls

Montana - House shoots down federal gun controls

This is a discussion on Montana - House shoots down federal gun controls within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; House shoots down federal gun controls News Link By KAHRIN DEINES Associated Press Writer HELENA, Mont. (AP) -- Montana lawmakers fired another shot in battles ...

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Thread: Montana - House shoots down federal gun controls

  1. #1
    Member Array Bannack's Avatar
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    Montana - House shoots down federal gun controls

    House shoots down federal gun controls

    News Link

    By KAHRIN DEINES
    Associated Press Writer

    HELENA, Mont. (AP) -- Montana lawmakers fired another shot in battles for states' rights as they supported letting some Montana gun owners and dealers skip reporting their transactions to the federal government.

    Under House Bill 246, firearms made in Montana and used in Montana would be exempt from federal regulation. The same would be true for firearm accessories and ammunition made and sold in the state.

    "What we need here is for Montana to be able to handle Montana's business and affairs," Republican Rep. Joel Boniek told fellow lawmakers Saturday. The wilderness guide from Livingston defeated Republican incumbent Bruce Malcolm in last spring's election.

    Boniek's measure aims to circumvent federal authority over interstate commerce, which is the legal basis for most gun regulation in the United States. The bill potentially could release Montanans from both federal gun registration requirements and dealership licensing rules. Since the state has no background-check laws on its own books, the legislation also could free gun purchasers from that requirement.

    "Firearms are inextricably linked to the history and culture of Montana, and I'd like to support that," Boniek said. "But I want to point out that the issue here is not about firearms. It's about state rights."

    The House voted 64-36 for the bill on Saturday. If it clears a final vote, the measure will go to the Senate.

    House Republicans were joined by 14 Democrats in passing the measure.

    "I would hope that our U.S. Supreme Court would begin to retreat from what I think is an abusive interpretation of our interstate commerce clause," said Rep. Deborah Kottel, a Democrat from Great Falls who supports the measure.

    That clause in the U.S. Constitution grants Congress authority to regulate commerce with foreign nations, and among the states. The Supreme Court has handled cases seeking to limit the clause's application in recent years. In 2005, the court upheld federal authority to regulate marijuana under the clause, even when its use is limited to noncommercial purposes - such as medical reasons - and it is grown and used within a state's borders.

    The Montana bill follows fears here and elsewhere that the election of Barack Obama as president will trigger more gun regulation. In the months before Obama's inauguration, Montanans rushed to stock up on guns, pushing gun sales beyond normal benchmarks despite the recession.

    Opponents of the measure worry lax regulations in the state could lead to a similar surge in both gun sales and gun manufacturing.

    "Who are we bringing in and is this the kind of business we want to have in this state?" asked Rep. Sue Malek, D-Missoula. "I want our state to be recognized as a state that cares about people, and that cares about the environment."

    The bill is one of a number the Legislature is considering that may extend gun rights in Montana.

    Earlier in the week, the House passed another measure, HB228, that would let Montanans carry concealed weapons in city limits without having permits.

    On Saturday the House Judiciary Committee narrowly passed a resolution that affirms Montanans' right to carry weapons in national parks and wildlife refuges.
    10mm Rocks

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    VIP Member Array Dal1Celt's Avatar
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    Good Going Montana....

    Way to stay the course!
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    Member Array Jonnyghost's Avatar
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    Sounds like reasonable gun laws do exist.
    Being peaceful does not guarantee peace, strength and a willingness to commit violence when needed does.

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    Ex Member Array DOGOFWAR01's Avatar
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    There no reasonable gun laws except the second amendment

    Quote Originally Posted by Jonnyghost View Post
    Sounds like reasonable gun laws do exist.
    There are no reasonable gun laws except the Second Amendment.

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    ....maybe it's time to move to Montana.....
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

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    Distinguished Member Array Guardian's Avatar
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    May many States take the same route. I'm getting on board with my Texas Representatives.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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    VIP Member Array Kerbouchard's Avatar
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    Wow, kinda makes me wish I was a Montanian(or whatever ya'll call ya'llselves). I wish Texas would follow suit.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    BAC
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    Cap'n, I know you said it will be a long and dawn out process, but you have to admit that this is a step in the right direction. IF Montana can get this through, it will be all the more easier to nudge my home state in that direction...

    Besides, I've got $5 riding on this.


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    Distinguished Member Array Rcher's Avatar
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    I love Montana. Wish their was more work here.
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    Member Array Jonnyghost's Avatar
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    Quote Originally Posted by DOGOFWAR01 View Post
    There are no reasonable gun laws except the Second Amendment.
    Yea, I agree. I was just being sarcastic.
    Being peaceful does not guarantee peace, strength and a willingness to commit violence when needed does.

  11. #11
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    Quote Originally Posted by Jonnyghost View Post
    Sounds like reasonable gun laws do exist.
    This isn't law yet. Still has to pass the State Senate. On the plus side, the Senate is controlled by the GOP this year, which should be a good thing.

    We'll see, but it's still a long way to the Guv-nor's desk.


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    And the women come out to cut up what remains,
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    And go to your God like a soldier.

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    jfl
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    Very interesting !
    I hope this pass and other states (like Florida) follow.
    I don't quite understand how it would work; how would the gun shops buy from the manufacturers without an FFL ?

    However it is a great step in the right direction.
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    The second rule: "Bring enough gun"

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    Senior Member Array DPro.40's Avatar
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    I wish I could get my wife to pick up and move. I work out of the house. All I need is a broad band connection and a phone.
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    Distinguished Member Array randytulsa2's Avatar
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    Reality Check Friends

    I don't mean to rain on anyone's parade here, but the reality is that even if this law gets itself passed, it will not last.

    The feds may ignore it temporarily, but if it becomes a real issue (in court or out), the feds will crush it. In court with the Supremacy Clause and out of court by means I don't even want to contemplate.

    Think of California and "medicinal marijuana" - - X 10.
    "...bad decisions that turn out well often make heroes."


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    "Opponents of the measure worry lax regulations in the state could lead to a similar surge in both gun sales and gun manufacturing."

    We can hope!

    Randy;

    You make an excellent point however I hope that gun rights will prove to be a broader and deeper issue than the narrow issue of medicinal marijuana.

    We certainly need to do our part to make it so.

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