Monday, May 11, 2009

Firearms Rights Action- Montana Tells Feds To "Go To Hell"

The sticky tentacles have been cut off the Federal gun regulation octopus in the Big Sky State. The Bradys are apoplectic once again. Montana exercised its 10th Amendment state sovereignty as the Governor signed a law that exempts guns, accessories such as magazines, silencers, and ammunition made in the state of Montana from all Federal firearms regulation. The guns and ammunition can't leave the state of Montana, and all guns made there must have "Made In Montana" stamped on them. There are no background checks, no serial numbers, and no paperwork.
The gun law is a gloves off slap in the face of the Federal Government and gun control groups.

The state believes that since the Montana made guns don't cross state lines, then they are immune to all Federal Interstate commerce law's regulation. The state believes that just as the second amendment's "well regulated" militia, doesn't refer to the National Guard, which was created a hundred or so years after the Second Amendment was written, regulation of interstate commerce doesn't apply because nothing travels interstate between the states. Montanans believe that when the State was admitted to the Union that the Second Amendment was a contract between the State, The people, and the United States and that it guaranteed the right to keep and bear arms.

The Montana firearms industry isn't big. There are just a few specialty gun makers there, and a few that make western re-creations. But, of course the implications are huge. Alaska and Texas are considering similar legislation. Colonel Travis would be proud of Texas. The state will go and further will arrest any Federal agents in Montana who try to enforce Federal gun law over Montana made guns and ammo.

This law will eventually be challenged in the US Supreme Court when the Federal Government fights it to regain lost control. Losing any power is not in politician's blood, especially in the Obama administration.

There are exceptions to the Montana law.

"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."

Possible anti gunner arguments to void the law by claiming that it is interstate commerce:
1. These products are made from non-Montana steel, aluminum, plastics, lead, and other components which had to cross state line to get to the Montana manufacturer...etc.

2. The US Attorney argues that the Court must follow Wickard v Fillmore- 317 U.S. 111 (1942) a depression recovery era case where a wheat farmer produced twice his farm's wheat allotment. The farmer argued that the other half of his wheat was for personal consumption, that it would stay in the state, and it would not enter interstate commerce.

The US Supreme Court in using bizarre logic to find against the farmer said that if he hadn't grown the extra wheat, then he would have had to have bought it through interstate commerce for personal use.

In a "sky is falling argument," the Court said though his theoretical small purchase of wheat might not be substantial, if a lot of farmers did this, then it would become substantial and affect the price of wheat and; thus, his production of wheat was federally regulated under the Commerce Clause.

This case allowed almost anything to be regulated under the Commerce Clause.
The danger in a liberal court is a ruling against Montana using the same bizarre logic and the "Stare Decisis" legal theory of following prior rulings, strange as they are.

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