Guns Made In MT Exempt From Federal Regulation. (Merged X 2)

Guns Made In MT Exempt From Federal Regulation. (Merged X 2)

This is a discussion on Guns Made In MT Exempt From Federal Regulation. (Merged X 2) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Link to story and videos: KPAX - Missoula, Montana - News, Weather, Sports -MT gun bill could spark rights fight MT gun bill could spark ...

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  1. #1
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    Guns Made In MT Exempt From Federal Regulation. (Merged X 2)

    Link to story and videos:

    KPAX - Missoula, Montana - News, Weather, Sports -MT gun bill could spark rights fight

    MT gun bill could spark rights fight

    Posted: Feb 16, 2009 06:58 AM

    Updated: April 5, 2009 09:21 PM


    Gun rights bill passes MT Senate, heads to Governor


    Montana-made guns could spark a court showdown over states' rights if Governor Brian Schweitzer signs a bill that would release some firearms from federal regulation.

    House Bill 246, which is sponsored by Republican Representative Joel Boniek of Livingston, seeks to exempt guns made and kept in Montana from federal background checks and dealership licensing. The measure also applies to ammunition and weapons components.

    The measure passed the Legislature easily, and now awaits action by Schweitzer who has not taken a position on the bill, which its supporters hope will trigger a legal battle to affirm states' rights.

    They say the bill is is less about firearms, and more about testing the Constitutional basis for federal control over the states.


    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


  2. #2
    Senior Member Array PaulJ's Avatar
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    Are there any major gun makers or ammunition makers in Montana? It always struck me as odd that a lot of gun factories are in the no-gun state of Massachusetts.
    I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. (Thomas Jefferson)

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    Distinguished Member Array Bob The Great's Avatar
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    Good for them. It'll be interesting to see where this goes.
    "A well-educated electorate, being necessary to the continuance of a free state, the right of the people to keep and read books shall not be infringed."
    Is this hard to understand? Then why does it get unintelligible to some people when 5 little words are changed?

  4. #4
    Senior Member Array Plop's Avatar
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    Very interesting, thanks for the info. Be sure to keep us updated!
    "In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box."
    -- Steve Symms, US Senator from Idaho, 1990

  5. #5
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    Go Montana! Lead the way.
    "Just blame Sixto"

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    VIP Member Array jwhite75's Avatar
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    This could prove to be very interesting. Maybe a boon for industry in Montana.
    Friends don't let friends be MALL NINJAS.


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  7. #7
    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by PaulJ View Post
    Are there any major gun makers or ammunition makers in Montana?
    Ummm, not yet?
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

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    Quote Originally Posted by PaulJ View Post
    Are there any major gun makers or ammunition makers in Montana? It always struck me as odd that a lot of gun factories are in the no-gun state of Massachusetts.
    No major manufacturer. I don't think you will see any rushing there because of this, even if signed into law and the courts uphold it. My understanding of the bill is it only exempts guns manufactured and sold in Montana, it has nothing to do with guns manufactured and shipped to other states. Once it is shipped across state lines interstate commerce comes into play.

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    Member Array Benthic's Avatar
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    Quote Originally Posted by SIXTO View Post
    Go Montana! Lead the way.
    I'll second that. If this passes, I'm immediately going to start chasing my legislators here in Florida to do the same thing.

    Brian

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    This is a great bill and we do have some small manufacturers that could jump on this right away, but as you will see in reading the article below this law will need to be tested.


    Mont.-made gun bill awaits governor’s OK

    By KAHRIN DEINES Associated Press - 04/06/2009
    Montana-made guns may form the basis for a court showdown over states’ rights if the governor signs a bill to release some firearms in the state from federal regulation.

    The proposed law aims to exempt firearms, weapons components and ammunition made in Montana and kept in Montana from federal gun laws. Since the state has few gun laws of its own, the legislation would allow some gunowners and sellers in the state to skirt registration, licensing requirements and background checks entirely.

    “We’d like to just be able to make our own guns here in Montana and have the feds stay out of it,” said Gary Marbut of the Montana Shooting Sports Association, which helped draft the bill.

    The real target, though, is the U.S. Supreme Court. And Marbut and others believe they can hit that mark with a simple Montana-made youth-model single-shot bolt-action .22 rifle.

    In particular, they plan to find a “squeaky clean” Montanan who wants to send a note to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives threatening to build and sell about 20 such rifles without federal dealership licensing. If the ATF tells them it’s illegal, they will then file a lawsuit in federal court — with any luck triggering a legal battle that lands in the nation’s highest court.

    House Bill 246 sailed through the Montana Legislature, but Democratic Gov. Brian Schweitzer has not yet offered a position on the measure, which awaits his action.

    The federal enforcement agency for gun laws has also not taken a firm stand.

    “ATF is not going to take a position on this because we don’t make any of the laws, we just enforce the laws that Congress makes,” said Carrie DiPirro, spokeswoman for the Denver field division, which oversees Montana.

    Through the Constitution, Congress has authority to regulate interstate commerce, which serves as the legal basis for gun regulation in the United States.

    Efforts to bypass that authority have been heard before by the U.S. Supreme Court. In 2005, the court upheld federal regulation of marijuana in California, even if its use is limited to noncommercial purposes — such as medical reasons — and it is grown and used within a state’s borders.

    However, Randy Barnett, the lawyer and constitutional scholar who represented the plaintiff in the California case, said the introduction of a “Made in Montana’ stamp — and stay in Montana guideline — might give some mettle to Montana’s latest pitch for sovereignty.

    In the Gonzalez v. Raich case argued by Barnett, the court said that because marijuana produced within and outside of California is essentially indistinguishable, the government must regulate both to enforce national drug laws. Montana, though, could potentially argue that its guns are sufficiently unique and segregated as to lie outside of overarching federal regulatory schemes, Barnett said.

    The Montana effort follows fears here and elsewhere that the election of Barack Obama as president would trigger more gun regulation, sparking a rush to stock up on firearms in the months following the inauguration.

    But supporters insist House Bill 246 has been tailored to hit a different bull’s eye than gun freedoms.

    “Firearms are inextricably linked to the history and culture of Montana, and I’d like to support that,” said bill sponsor Rep. Joel Boniek, R-Livingston, during its House debate. “But I want to point out that the issue here is not about firearms. It’s about state rights.”

  11. #11
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    Quote Originally Posted by PaulJ View Post
    Are there any major gun makers or ammunition makers in Montana? It always struck me as odd that a lot of gun factories are in the no-gun state of Massachusetts.
    A few.

    Shiloh Sharps Rifles

    cooper

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    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

  12. #12
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    Shiloh Sharps makes some amazing rifles, I really want one. They also have a yearly give-away for AD military.

    Hopefully this passes, and then other states can start doing the same.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

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    Member Array Tye_Defender's Avatar
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    Wow, if Arkansas did that then I could by a nice gun without..... well actually it wouldn't change anything for me because I have my CHL so no background check for me but I guess I could buy it at a non-licensed dealer. Probably wouldn't save me any money, but it would be nice to buy a gun without anyone in the process having to politely ask Uncle Sam for permission.

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    Would this affect interstate trade? I think it would only apply to Montana residents who never move out of state. How would this affect the other 49?
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

  15. #15
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    A thousand miles journey starts with a single step.

    As such, it is of little benefit, but it could be the beginning of a landslide, especially if we do our part.
    The first rule of a gunfight: "Don't be there !"
    The second rule: "Bring enough gun"

    jfl
    (NRA Life Member/Instructor - GOA - IDPA - GSSF - ex-IHMSA)

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