Montana Draws A Line In The Sand On Guns

"The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."  --  James Earl Jones

"The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose." -- James Earl Jones

States which are claiming Sovereignty now numbers about 30.  However, for States that are taking bailout money, that Sovereignty doesn’t mean much.  Everyone knows that any money taken from the Federal Government comes with major strings attached.  And while the Feds have no right to attach strings to money they have stolen from We the People, they do it anyway.  Arizona is one of these taking bailout money.  So I was very interested to read this article about Montana who is drawing a line in the sand and daring the feds to cross it…

Montana poised to buck federal gun control

By Associated Press

Story Published: Apr 5, 2009 at 4:24 PM MDT

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

The measure passed the Legislature easily, and now awaits action by Democratic Gov. Brian Schweitzer. The governor has not taken a position on the bill, which its supporters hope will trigger a legal battle to affirm states’ rights. They say it is less about firearms, than testing the Constitutional basis for federal control over the states.

Montana’s House Bill 246 is a well crafted declaration of Montana’s Sovereignty and its intentions where guns, gun manufacturing, gun registering, gun parts, and anything having to do with guns is spelled out.  What makes it unusual is Montana’s determination to reclaim its ability to regulate things the federal government has usurped.  The bill has passed the Senate and is just waiting for the Governor’s signature.

(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.

Section 3.  Definitions.

(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.

This is not a long document or one that is hard to read such as those coming out of Congress today. While there is more to the bill than I’ve placed here, it won’t take but 5 minutes to read the whole thing. I think more States should think about actually putting some teeth into their Sovereignty.  And it would be exceptionally nice if Congress would use plain english instead of legalese to write up bills to forestall any misunderstandings about their bills.

It is one thing to claim Sovereignty and another to enforce it.  As I mentioned above about States taking bailout money which does indeed have strings means the Feds can require States to “do certain things” the way the Fed want them done.  For some reason the Fed thinks that stealing our money and then placing strings on it to give back to our States is OK.  I say it is NOT OK and they have a lot of nerve to try this shit.  But the Feds aren’t listening nor have they been for many, many years now.  It does raise my spirit to see Montana actually doing something for their Citizens!

House shoots down federal gun controls

Posted on Feb. 14
By KAHRIN DEINES of the Associated Press

“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.

When you consider this law which, in essence, tells Eric Holder he can just kiss his agenda good-bye when it comes to Montana.  This is a sure fire way for Montana to put the Feds in their place.  It is unlikely that the fed will enjoy this at all, but then there isn’t much about the Fed lately to like either.  The federal government seems bound, set, and determined, to have us all agree with them blindly or face their wrath.  Well, my choice has also been made some time ago.

There are a lot of things the federal government prefers we believe, such as the necessity of agreeing with them or being labeled as anti-government.  But step on my unalienable right to free speech and I become very disagreeable.  Notice, I did not say Constitutional right to free speech.  There is no such Constitutional right.  This one is God given, not man.  It is the same for a lot of rights that the Government wishes you to think THEY granted…

Montana is expecting a fight with the federal government.  The important issue here though is that the federal government is forcing compliance and driving States away.  Instead of Uniting us, they are taking State’s rights away with their mad power grabbing ways.  We are united because we choose to be.  Should the feds continue on the path of destruction they have chosen, each individual State will have to choose whether to follow them or stand up to them.

Many have written in to comment on this issue.  You can read them here: I think that these people have very valid points of view.  I’ve felt the same anger at the federal government for stepping all over us as citizens of this country without any regard for our input and feel very strongly that Congress should back off of quite a few things before they find themselves all alone in D.C.  Can you imagine the disaster that would be D.C. if you left all of Congress and Obama alone together???  It is almost comical to think about.  They’d be so busy passing laws they wouldn’t even notice no one else was around to follow them.  Such a sad state of affairs this beautiful country has come to…

The 2nd Amendment is the only Amendment with a preamble.  It is that preamble that tends to fuel the flames of do we or don’t we have the right to bear arms because it talks of a well regulated militia.

Second Amendment – Bearing Arms

Amendment Text | Annotations

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.

The Preamble is: A well regulated Militia, being necessary to the security of a free State.  This is where the law and people usually come to blows.  People understand that we need guns to defend ourselves from both the criminal element and government which becomes too big and starts trying to own everything.  Being armed, we are not so easily stepped on or ignored.  But our founding fathers could have made this a tad bit clearer.  Many of those who wish to ban guns point to the preamble and say it pertains to a militia, NOT to people.

This webpage is fascinating reading for those who wish to know much more about this Amendment.

How The Courts Are Using The Second Amendment Against Us

By Jeff Booth

“It should be noted that the Amendment has two parts: (1) an observation, or perhaps a cautionary note (“A well-regulated Militia, being necessary to the security of a free state”) and (2) a command or legal requirement (“the right of the people to keep and bear Arms, shall not be infringed”). The language of the first clause appears to impose no legal requirement or restriction on the federal government, Only the second clause indicates a right that the government cannot infringe.”

Book review of: ‘To keep and Bear Arms: The Origin of an Anglo-American Right.’ By Robert J. Cottrol, Prof. of law, Reuters School of Law. Raymond T. Diamond, Prof. of law Tulane University School of Law.

It contains many of the various legal interpretations of this Amendment and  sites cases where it has been discussed.  It is a site worthy of reading by itself.  The author has done a lot of research and placed it all on this page.  You have the ability to search further from those quotes which are posted on the page.

Gun control has never worked.  It just polarizes people.  Yes accidents will happen.  Yes, you can become careless.  But Congress has no right to tell us what to do in our homes or to try to legislate our freedoms which do not come from the Constitution but from God.  Congress doesn’t have a hot-line to God. They do not know more than we do in this instance. That is what the 4th Amendment is all about.  When are States going to back this one up???  Anytime Congress infringes on the Amendments to the Constitution they are overstepping their bounds and violating Constitutional Laws.  A law that is unconstitutional remains unconstitutional from its inception, not just once it is passed.

Since the dubya administration tore the 4th and 1st Amendments apart it has been difficult to feel like we are still living in a free country.  People elected Obama to change all that and free We the People again.  Instead of doing so, Obama has continued with these despicable practices.  Where is the Change we can believe in Now?

This country was founded on disagreements and dissent.  Sometimes the best you can do is just agree to disagree.  The crafting of the Constitution took months.  There was much disagreement and our founding fathers encouraged everyone to have a voice in what happened.  It truly is time to set fear of the feds aside and reaffirm our commitment to Our Constitution.  It is time for each State to set Congress on their proverbial ass when it comes to passing unconstitutional laws and stand up for their citizens against this Goliath, the federal government.

And you gotta just love the Brady Campaigners!  Here is a quote from their site:

In 2004 guns murdered

These people continue to claim that guns have a mind of their own.  That the vicious little things use mind control to manipulate their users into firing them and that no responsibility lies with the person who uses the gun.  I find that totally dumb-founding considering a gun is an inanimate object!  But according to the Brandy Campaign, that’s exactly what these tricky little devils do.  I guess I must be too stupid for these evil guns then as I’ve never been manipulated into shooting someone…  Next thing you know my vacuum will be the cause of a drive by cleaning!  With this logic we should ban vehicles as they are responsible for more deaths per year than all the guns over the history of these united States.  ANY inanimate object is only as safe as the person using it!!!

So, my hat is off to those in Montana for putting some teeth into their State’s Sovereignty.  Well done to those folks in the legislature there.  I hope your governor does the right thing by you all!

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~ by justmytruth on April 12, 2009.

One Response to “Montana Draws A Line In The Sand On Guns”

  1. owning a gun for self defense makes sense to me, specially nowadays that the world is not safe from terrorism and attacks.

    owning a gun can save your life and protect your family at the time when you needed to.

    we should always take into account gun safety and handling to keep others around us protected and safe.

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