3 States Exempt Guns From Feds

handguntwoSeems that more than just Montana have passed laws exempting guns made in their States from federal control.  The States, Montana, Alaska and Texas have drawn a line in the sand where gun control laws are concerned.  These States have figured out that gun laws only hurt the law-abiding Citizen of that State, not the criminals.

The internet is positively buzzing with the news from Montana.  Everywhere I looked I saw the headlines, “Montana Governor signs new gun bill!”  Trouble was, not one of the articles linked to the legislation.  I’m a skeptic at heart and I need to see the real bill in order to make sure this isn’t some kind of hoax.  Not that I want to believe that people would do that, but it happens.  A lot of stuff going around the internet these days and some of it is bogus.

I must have looked at 50 links to different websites that all proclaimed the same fact  that Montana’s Governor had signed this bill and not one of them had a shred of proof.  Well, here is your proof. If you will look in the left hand corner you will see Bill Actions-Current Bill Progress-Became Law.  The bill will take effect in October.  You can see that at the bottom of the page.  The bill exempts all guns made in Montana from federal controls.

Another bill in Montana to guarantee the rights of gun owners, not just their guns, is HOUSE BILL NO. 228.


WHEREAS, the Legislature declares that:

(1) the right of Montanans to defend their lives and liberties, as provided in Article II, section 3, of the Montana Constitution, and their right to keep or bear arms in defense of their homes, persons, and property, as provided in Article II, section 12, of the Montana Constitution, are fundamental and may not be called into question;

(2) the use of firearms for self-defense is recognized within the right reserved to the individual people of Montana in Article II, section 12, of the Montana Constitution;

(3) self-defense is a natural right under section 1-2-104, MCA, and is included in sections 49-1-101 and 49-1-103, MCA;

(4) the lawful use of firearms for self-defense is not a crime or an offense against the people of the state;

(5) in a criminal case in which self-defense is asserted, the burden of proof is as provided in [section 10];

(6) in self-defense, the use of justifiable force discourages violent crime and prevents victimization; and

(7) the purpose of [sections 1 through 3] is to clarify and secure the ability of the people to protect themselves.

States are getting tired of the federal government taking their rights away. With this law, the owner of a gun is not required to even call for help before defending themselves. This law makes it legal for them to use lethal force in their own defense.


Section 1. No duty to summon help or flee.
Section 2. Openly carrying weapon — display — exemption.
Section 3. Investigation of alleged offense involving claim of justifiable use of force.

And so on. This bill is for the People, and hang the federal government.  Montana isn’t messing around here.  They mean to preserve the People’s rights and apparently it is the way most people in Montana see things anyway.  This is the law of the land in Montana.

According to Montana’s News Station:

Deal reached on MT gun rights bill

Posted: Feb 16, 2009 06:58 AM

Updated: April 19, 2009 08:11 PM

A bill outlining the right to self defense without first calling for help or retreating has one more hurdle before making its way to the Governor.

Supporters of House Bill 228 say the measure will simply put into Montana code into alignment with what the majority of people already consider to be the law regarding self defense.

As I said above, Montana isn’t the only State to go this route.  Texas too has a bill that they are working on. H.B. 1863 is almost an exact duplicate of the Montana legislation.  The bill references the 9th and 10th Amendment to the Constitution and claims the authority under that Amendment for this bill.

U.S. Constitution: Ninth Amendment

Ninth Amendment – Unenumerated Rights

Amendment Text | Annotations

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

U.S. Constitution: Tenth Amendment

Tenth Amendment – Reserved Powers

Amendment Text | Annotations

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

But the Texas bill also makes it so that the State will defend its Citizens in case the feds decide to prosecute them. The State of Texas is serious about keeping their Citizens out of the hands of the federal government. I wonder how Obama feels about all this? I’m sure he is none too pleased!

One of the local Texas papers had this to say about the proposed bill:

Bill Limits Gun Regulation
Editorial Page Editor

A bill by state Rep. Leo Berman exempting Texas-made firearms, gun accessories and ammunition sold within the state from federal regulation and law — including registration — was heard in a House committee on Monday.

The bill also provides for the Texas Attorney General’s office to defend Texans who run afoul of the federal government because of this law.

The Constitution says that the States regulate interstate commerce and not the Federal Government. Therefore these States are taking this to heart and telling the feds in no uncertain terms to keep their hands, and their laws, out of these States when it comes to their guns and the gun owners.

Both the State and the National Rifle association are behind this bill.  These States are fighting back after Obama nominated Eric Holder, the most anti-gun advocate around, to the U.S. attorney general’s position.  These States aren’t taking any chances.  Both Montana and Texas expect a challenge from the federal government over the passage of these laws.

Texas also expects that this bill will increase business because gun manufacturers and ammunition manufacturers will come to Texas because of the laws there.  I’m betting they are right.  Same goes for Montana.  You can read another article from Texas on this HERE:

Alaska probably has the most comprehensive gun legislation of all the States.  You can pull up many laws from many States at the bottom of the page on this link:

According to the Anchorage Daily News:

House OKs exemption for Alaska-made guns

The Associated Press

Published: April 16th, 2009 11:38 PM
Last Modified: April 16th, 2009 11:38 PM

JUNEAU — The state House has approved a bill exempting guns and ammunition manufactured and kept within Alaska from federal firearms regulation, a measure critics immediately said was unconstitutional.

The House on Thursday voted 32-7 in favor of the Alaska Firearms Freedom Act sponsored by Fairbanks Republican Mike Kelly and 10 co-sponsors. Kelly says the measure will let Alaska opt out of federal regulation, including interstate commerce law used to regulate firearms, in favor of state law.

I had another joyous time trying to find this bill. Why is it that those that write articles about these bills never link to them? It drives me crazy trying to find them through google searches. Google brings up every dang thing you never wanted and little of what you do want! GRRRRRR! After about 30 minutes of searching every blog, link, and Representative in Alaska I finally found the bill name and then I had another 30 minute search through google trying to find the actual text of the legislation. You can find it HERE!

I think that Texas must have read from Montana’s playbook since thier law came first.  But this law again claims exemption under the 9th and 10th Amendments of the Constitution.  Considering Obama’s respect for that honored document I’m sure he is spitting mad about now.  We need more States to actually put some teeth into their Sovereignty laws. Alaska’s Constitution also allows for:

(5) art. I, sec. 19, Constitution of the State of Alaska clearly secures to Alaska
citizens and prohibits government interference with the right of individual Alaska citizens to keep and bear arms.

* Sec. 2. AS 44.99 is amended by adding a new section to read:
Article 5. Alaska Firearms Freedom Act.
Sec. 44.99.500. State policy, declarations, and requirements concerning certain firearms not in interstate commerce and not subject to federal regulation

You can read the full text which isn’t very long but certainly puts the federal government on notice that trying to take or control the guns of these States will not be allowed. The federal government is supposed to be the servant of We the People but seems intent on grabbing the power it was never given and never intended to have.

Alaska has also made it clear to the federal government that its Citizens are going to be armed when they go into National Parks because of the wildlife there.  I’m rather glad to hear it considering some of what that wildlife can do to a human body.  You can read that legislation HERE:

You can read the press release from Representative Mike Kelly Here: The Alaska Firearms Freedom Act of 2009 lets the State of Alaska opt out of the federal regulation binding other States.  It makes me wonder if any other States will follow suit.

Of course there are those out there who think that these bills are dangerous.  They simply don’t understand that guns don’t kill, people do.  They confuse law-abiding Citizens with criminals.  And for some reason they think that taking guns away from lawful Citizens will somehow transmute or fool the criminals into obeying gun laws restricting gun usage.  There is a convoluted logic there that escapes me.  Rather if the populace is armed the criminals are going to think several more times about pulling a gun on someone who may have a gun also.  It sort of evens the odds that way.

Criminals are known cowards.  They don’t mind pulling a gun on someone they think is unarmed, but put them up against an armed Citizen and they will run away.  These criminals will look for easier prey every time, preferably unarmed. Check these gun facts: (Starts on Page 18)


Myth: Guns are not a good deterrent to crime

Fact:Guns prevent an estimated 2.5 million crimes a year, or 6,849 every day.65 Often the gun is never fired and no blood (including the criminal’s) is shed. (“Targeting Guns”, Dr. Gary Kleck, Criminologist, Florida State University, 1997)

Fact: It seems to be slowing down property crime (especially burglaries). The chart shows the legal  handgun supply in America (mainly in civilian hands) to the property crime rate. (National Crime Victimization Survey, 2000, Bureau of Justice Statistics, BATF estimates on handgun supply.)

Fact: Every day, 550 rapes, 1,100 murders, and 5,200 other violent crimes are prevented just by showing a gun. In less than 0.9% of these instances is the gun ever actually fired.

Fact: 60% of convicted felons admitted that they avoided committing crimes when they knew
the victim was armed. 40% of convicted felons admitted that they avoided committing crimes
when they thought the victim might be armed. (James Wright and Peter Rossi, “Armed and Considered Dangerous: A Survey of Felons and Their Firearms”, New York: Aldine, 1986)

The information goes on and on all of it proving that the only people that are hurt by restrictive gun laws are the lawful Citizens who are left unprotected and vulnerable. It is a fact that an armed populace is less likely to be affected by personal crimes such as rape, burglary, or murder.   Why Obama suddenly wants to take away our guns could only have to do with the One World Government/New World Order that is being talked about.

Even those who don’t believe in guns or gun ownership should read the above referenced manual.  The information contained there will amaze you considering the disinformation and propaganda used by anti-gun advocates.  These facts listed within the manual are from verified sources, government agencies, and States.  Know the facts, don’t listen to the myths.


~ by justmytruth on May 9, 2009.

6 Responses to “3 States Exempt Guns From Feds”

  1. Me? which state where? one of our blogs?

  2. I was speaking to someone else. They made a comment about guns getting banned in extremely liberal states. I asked which State.

  3. This opens a pandoras box. An extremely liberal states may choose to outlaw guns. I hope that doesn’t happen though.

  4. Which State are you talking about?

  5. Wow.

    That’s the best I can do.

    This site leaves me speechless in a great way. Awesome job!

    I would love it, as a new blogger, if you could come over and give me any advice you might see fit to share.

    I am adding you to my blogroll for sure!

    Take care!

  6. Glad you enjoyed. I hope it helped you find what you were looking for.

    Thanks for stopping by.

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