Montana Firearms Freedom Act - House bill 246

Discussion in 'West' started by ruggedtraditions, Jan 19, 2009.

  1. ruggedtraditions

    ruggedtraditions Member

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    Montanans.... lets really get behind this guys!! It may be our only chance of hope with these aniti-gun liberals in DC.

    Call your represantitives today!!!!

    THE HEARING IS ON THURSDAY 1-22-09!!!




    Link to Original - http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

    2009 Montana Legislature

    Additional Bill Links PDF (with line numbers)

    HOUSE BILL NO. 246

    INTRODUCED BY J. BONIEK



    A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; PROVIDING FOR THE DUTIES OF THE ATTORNEY GENERAL; AND PROVIDING AN APPLICABILITY DATE."



    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



    NEW SECTION. Section 1. Short title. [Sections 1 through 7] may be cited as the "Montana Firearms Freedom Act".



    NEW SECTION. Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 7] is the following:

    (1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

    (2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

    (3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

    (4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

    (5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.



    NEW SECTION. Section 3. Definitions. As used in [sections 1 through 7], the following definitions apply:

    (1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.

    (2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, 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, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.



    NEW SECTION. Section 4. Prohibitions. 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 authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.



    NEW SECTION. Section 5. Exceptions. [Section 4] does not apply to:

    (1) a firearm that cannot be carried and used by one person;

    (2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;

    (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.



    NEW SECTION. Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 7] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.



    NEW SECTION. Section 7. Duties of the attorney general. (1) A Montana citizen whom the government of the United States attempts to prosecute, under the congressional power to regulate interstate commerce, for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition manufactured and retained within Montana must be defended in full by the Montana attorney general.

    (2) Upon written notification to the Montana attorney general by a Montana citizen of intent to manufacture a firearm, a firearm accessory, or ammunition to which [sections 1 through 7] apply, the attorney general shall seek a declaratory judgment from the federal district court for the district of Montana that [sections 1 through 7] are consistent with the United States constitution.



    NEW SECTION. Section 8. Codification instruction. [Sections 1 through 7] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 7].



    NEW SECTION. Section 9. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.

    - END -
     
  2. dogdinger

    dogdinger Writers Guild

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    i dont like it. what part of "Shall not be infringed" dont you understand? All citizens of all states are already covered by the second ammendment. Lets all just get behind the NRA and keep supporting the best organization for the fight for our rights that is out there. AJ
     

  3. RockyMtnMT

    RockyMtnMT Official LRH Sponsor

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    It doesn't sound detrimental in any way. It sounds like a State protecting itself from an overstepping Federal Government. I don't see that it does anything to any other State. My initial reaction is that MT should support this.

    Steve
     
  4. ruggedtraditions

    ruggedtraditions Member

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    What are you crazy? The 2nd Ammedment has been infringed upon greatly!! Otherwise the NRA wouldnt need the support it does!

    I do support the NRA.

    This is about the Federal government infringing on states rights. If Colorado doesnt mind people in Washington DC writing their gun laws for them, then that is your choice.

    Personally I want my elected State officials to right our laws!

    The 2nd Ammendment isnt just about hunting rifles
     
  5. dogdinger

    dogdinger Writers Guild

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    .
    Ok I will bite.....but lets keep this civil ok?

    So by your reckoning , if my state will not write this law and pass it through the legislature then do I not have these rights anymore? This is ridiculous! What if we were discussing the first amendment instead of the second? Do I need an additional law passed by my state to insure my freedom of speech??? These are freedoms SPECIFICALLY given to us by the bill of rights of our constitution. These are the ones the individual states cant infringe upon. I don't need a law passed by a state legislature confirming them.

    And yes I know we have had our rights infringed upon already. Nothing is perfect, but there was a landmark decision handed down this last yr affirming our individual rights to own guns. This just may help our cause. AJ
     
  6. ruggedtraditions

    ruggedtraditions Member

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    I dont see any reason to argue with each other, its clear to me we want the same thing.

    I know the 2nd amendment is for all citizens, but it has really been watered down. I am very optimistic about the Heller Case's landmark decision this year and I am hoping this really gets the ball rolling.

    I do believe this country was established on the premise of the states having control over themselves. That was lost a long time ago.

    We should all have are rights returned. Is this going to happen overnight, probably not. Montanans have had enough! We have all had to sit by and watch are rights be taken away.

    Do I think only people who pass this law should have their rights returned? NO. I am just looking for any hope to get my rights back and that no more are taken away. If Montana passes this bill its not going to take any of your rights away. Its only going to show the feds that we demand them back. Its a voting revolution! People need to wake up and demand that they get their runaway government under control. This is only going to happen if the people make their voices heard. Maybe you should call your representatives and demand they fight to get your rights returned, and assure you that no more are going to be taken away. As good of a job as the NRA does they cant do it all, you need to make your voice heard too.

    Do you think if this bill passes it will hurt everyone’s case? Or will it help?
     
  7. dogdinger

    dogdinger Writers Guild

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    my fear is that by doing this it will make people think that the only place you can legally own a firearm would be in one of these states that have passed the law, thus harming the rights of others in states that you know damn well will not pass these. it will be easy then for the anti's to divide and conquer. AJ
     
  8. esshup

    esshup Well-Known Member

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    I'm for it and wish that my state would do the same. My only question is that in Section 5, #4. Would this mean that shotguns aren't covered? (multiple projectiles in the form of pellets).

    I just see this as a way that Montana will have some ground to stand on against any new Federal gun regs.

    For instance, in Ca. I could not get a concealed carry permit (it's called a personal protection permit her in IN), but in Indiana, it took all of 20 minutes. Now that Indiana offered a lifetime cc permit, I took advantage of that as well.
     
  9. ruggedtraditions

    ruggedtraditions Member

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    Dont forget about HB228 Right to Self-Defense, and HB246 Montanta Made Firearms Freedom Act

    Atleast Call 440-4800 and leave a message its really easy. Tell them you want to send it to the whole committee and thy will. It only takes 5min please call NOW! Make your voice heard.


    NRA link also includes House Judiciary Committee contact info.
    NRA-ILA :: Montana Self-Defense Legislation to be Heard on Thursday!
    Montana Self-Defense Legislation to be Heard on Thursday!

    Tuesday, January 20, 2009

    Please Contact the House Judiciary Committee Today!
    On Thursday, January 22, the House Judiciary Committee will consider important self-defense legislation and it is critical that Montana’s law-abiding gun owners voice their support for the bill.

    House Bill 228, sponsored by State Representative Krayton Kerns (R-58), is a broad piece of legislation that provides a number of specific protections for law-abiding citizens. The provisions of HB 228 facilitate the right of self-defense by safeguarding victims across the whole legal continuum of an incident in which self defense is warranted and necessary, from before anything happens to the resolution of a criminal trial. HB228 does the following:

    -Clarifies the ability of law-abiding citizens to carry a firearm in plain view and to display the firearm for harmless defensive purposes;
    -Allows a person who can lawfully possess a firearm and who doesn’t use it to commit a criminal offense to carry it concealed anywhere in the state without first obtaining governmental permission;
    -Prevents landlords and hotel operators from restricting law-abiding citizens’ self-defense rights and requires employers who do restrict such rights to provide a comparable level of security and safety;
    -Clarifies in statute the existing legal precedent that there is no duty to retreat from a threat before exercising the right to self-defense and allows a law-abiding citizen to use reasonable force in exercising the existing law that gives a private person the authority to arrest an offender;
    -Protects law-abiding citizens against seizure of their firearms absent an arrest and ensures return of seized property if a person is exonerated;
    -Ensures that self-defense claims are adequately considered during incident investigations; and,
    -Shifts to the state, if self-defense is asserted by a defendant in a criminal case, the burden of proving an absence of justification and provides reaonable attorney fees to a person who is accused of an offense and who is found to have acted in self-defense.
    For a section-by-section analysis of the bill in order to better understand and communicate with legislators, please visit Explanation of MSSA Self Defense Bill.

    Please contact your legislators and the members of the House Judiciary Committee TODAY and respectfully urge them to support and protect your right to self-defense by voting for HB228. Please call (406) 444-4800 to leave a message for your legislators as well as the House Judiciary Committee. You may also use the “online message form” located at Montana Legislature: Contacting Legislators. Additional contact information for the committee can be found below.
     
  10. msspurlock

    msspurlock New Member

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    I ask you:
    Is Montana the last great state in the Union, or what?

    God bless our Montana Republicans!:)