Montana Considering Bill Exempting Guns Made And Sold In State From Federal Background Checks

• February 23, 2009

Frankly, I’m not sure why Montana would need a law to exempt guns falling into that category from federal laws. The only justification the federal government has for gun control is a rather stretched definition of the interstate commerce clause of the Constitution. But guns made and sold within the borders of a given state aren’t interstate commerce.
And thus shouldn’t be regulated by the feds.

HELENA, Mont. (AP) – Montana legislators are firing another shot in the battle for state’s rights with a gun bill that could exempt rifles made and used in the state from federal background check and licensing requirements.
House Bill 246 passed its first vote solidly, with a 64-36 vote, and stands a good chance in the Republican-controlled Senate.
Police associations aren’t opposing the measure, but they are wondering when federal authorities are going to take a stand.
The bill would apply to guns, gun accessories and ammunition made and kept in Montana.
With it, the state could become the first to successfully throw off the yoke of federal gun control or at least the latest state to wrangle with the federal government in court over states’ rights.

It’s a bit sad that states have to do legal battle with the federal government to win back powers granted to them by the Constitution. But that’s just the way things are in this age where we keep looking to bigger and bigger government to solve all of our problems for us.
I’m not even sure how many guns this law would even apply to. Not many, probably, but even so it’s an important step toward pushing this country back to its federalist roots.

Tags: Domestic Issues, Guns, Politics

http://Array docdave

The federal government does not have any constitutional power to regulate intrastate commerce. Of course, that doesn’t stop them from doing it anyway. Their illegal actions need to be tested in court (assuming they haven’t already) and the Montana bill could provide the ammunition for that test.
Lioncourt

How do you keep the somebody from out of state from buying the guns?
Bat One

How do you keep the somebody from out of state from buying the guns?

How about the same way you keep the unqualified and the fraudulent from voting… make ‘em show picture IDs.
http://reasonsnottovoteformccain.blogspot.com/ Morr

But guns made and sold within the borders of a given state aren’t interstate commerce. And thus shouldn’t be regulated by the feds.

I’d like to see you make that gun without in any way utilizing interstate commerce. Good luck.

North Dakota has an agreement with Montana to exempt its citizens shopping in North Dakota from paying our states sales tax. If we can do that, Montana can keep from selling guns to out of staters.

Not the same thing at all.

Rob – You could benefit from taking a constitutional law course. Your legal conclusions are laughable.
dawneyr

Good for Montana. Why not plan ahead? Especially with someone like Obama in office, it’s only a matter of time until the state wished they had taken protective measures to ensure their constitutional rights. Yes, it is too bad they have to do this, but they do have to do this.
http://vdvfamily.com/ Sphagnum

Your point is misplaced. This post has nothing to do with State regulation of firearms. This post deals with the overreaching power of the Federal Government into areas it was never intended to and how Montana is, in a very small way, fighting back.
Lioncourt

My point is that you can’t effectively fight back by conceding the oppositions central point Montana is conceding that the federal government can regulate firearm sales through the commerce clause.
http://vdvfamily.com/ Sphagnum

Not at all, the two arguments are completely separate. This bill only argues for one of them, it doesn’t mean anything in regards to the other.
Denny

I see this particular bill as the beginning of a long and difficult process to take back the state’s sovereignty.
It is long overdue.
sayanything-5371

If Montana state residents want to fight the system their are better ways. Such as removing state tax’s on both guns and ammunition, making it cheaper for law abiding citizens to purchase them.

Montana has no state sales tax, on anything, so that is not a factor.
http://vdvfamily.com/ Sphagnum

It probably doesn’t apply to many guns, but how much you wanna bet there will be a special section appearing in Montana gun stores of “Made in Montana” guns. I’d buy from those manufactures that applied to this out of principle, were I to live in Montana.
http://vdvfamily.com/ Sphagnum

Have you read the bill?Â I am guessing no because you never do research for your posts.

Have YOU read the bill? I’m guessing not because it’s probably not publicly available!! Seriously, you need to think thing through before you say them…
http://www.gunsandammoenthusiastblog.com/ Frank

I am a major believer in people owning firearms and their rights. However I do not believe this to be a good idea. As others here have said, what’s to stop others from coming into the state to buy firearms. Also what is to stop someone with a felony record in another state and on the federal list to not buy guns from buying firearms in Montana? If Montana state residents want to fight the system their are better ways. Such as removing state tax’s on both guns and ammunition, making it cheaper for law abiding citizens to purchase them.
http://boyddrivefollies.blogspot.com/ Good Ol Boy

This is good news for state’s rights. Though it may have neglible economic impact or otherwise, it is still worth the effort to let the Federal Government know its place. Similar to what Nord Akota is doing with abortion.
Too bad Lincoln had to send us down this path all those years ago, huh?
http://boyddrivefollies.blogspot.com/ Good Ol Boy

Do you really think gun dealers want this? A prohibition on selling their product to anybody not from North Dakota.

That is not the intent of the legislation, if I read the original post correctly. It only says that IF you are from Montana, and IF you want to buy a gun or accessory MADE in Montana, you DO NOT have to undergo a Federal background check. Anybody or anything else, the usual rules apply.
http://vdvfamily.com/ Sphagnum

Yes, the bill is publicly available after 10 seconds of research:

Haha, I figured after I hit the submit button someone would probably prove me wrong on that… I got it mixed up in my mind with the refusal of the Dems in Washington to make THEIR bills publicly available like Obama had said he would before he signed anything…. Oh well, I stand corrected…
Lioncourt

Do you really think gun dealers want this? A prohibition on selling their product to anybody not from North Dakota.

I bring this up because this is the wrong argument to take. The argument should not be that if you sell to somebody in state that it is not interstate commerce, it should be that the licensing of firearms is not a regulation on commerce at all. The justification for licensing is public safety, not commerce.

Of course you are up against precedent either way.
docdave

The justification for licensing is public safety, not commerce.

Bwahaha!!! Too funny!! So you are naive enough to think that licensing will prevent crime? What a maroon!!!
Lioncourt

Would you kindly point me to the part of the Constitution giving the Federal Government authority to regulate for “public safety”?

My point exactly dumbass. The state is the one that actually licenses and it’s justification is public safety. When the feds do it they use the commerce clause.

When you learn something about the constitution let me know.

BTW the feds response will likely be hold needed federal money hostage until Montana relents. Same way they get the drinking age to be 21.
http://vdvfamily.com/ Sphagnum

The justification for licensing is public safety, not commerce.

Would you kindly point me to the part of the Constitution giving the Federal Government authority to regulate for “public safety”?

On second thought, don’t bother looking, it’s not there…
http://reasonsnottovoteformccain.blogspot.com/ Morr

Rob wrote: Montana’s action here doesn’t address the justification for federal gun control via the commerce clause at all.

Yes, the bill does try to sidestep regulation via the commerce clause. Guess Lioncourt was right this time.

Sphagnum wrote: Have YOU read the bill? I’m guessing not because it’s probably not publicly available!! Seriously, you need to think thing through before you say them…

Yes, the bill is publicly available after 10 seconds of research:
http://data.opi.mt.gov/bills/2009/BillPDF/HB0246.pdf
Big dog

All I hope is that the state will go back to
the old way of buying rifls with no back ground
five day check! I dont care about the hand guns at all!!
Just the buying of hunting long guns for elk deer and so on.
http://en.wikipedia.org/wiki/David_Petraeus Last Best Hope

Lionscourt is a he? wow..lib thinking sure blurs the gender line when ya read the words.

No wonder libs hate Sarah Palin..she’s more man than lib men and too much woman for the feminists. Palin is the anti-metrosexual and that really messes them up.
Lioncourt

Montana’s action here doesn’t address the justification for federal gun control via the commerce clause at all.

Have you read the bill? I am guessing no because you never do research for your posts.
http://sayanythingblog.com robport

Lioncourt needs to work on his reading comprehension.
http://sayanythingblog.com robport

My point is that you can’t effectively fight back by conceding the oppositions central point Montana is conceding that the federal government can regulate firearm sales through the commerce clause.

Actually, you dullard, Montana’s action here doesn’t address the justification for federal gun control via the commerce clause at all. It address, specifically, the regulation of firearm transactions that take place entirely within a single state.
http://sayanythingblog.com robport

North Dakota has an agreement with Montana to exempt its citizens shopping in North Dakota from paying our states sales tax.

If we can do that, Montana can keep from selling guns to out of staters.
http://sayanythingblog.com robport

Frank, you act as though the 2nd amendment were some sort of a privilege to be allowed or disallowed by the state instead of a right given the full protection of the Constitution.

SayAnythingBlog.com

Montana Considering Bill Exempting Guns Made And Sold In State From Federal Background Checks

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