Post by jgaffney on May 15, 2009 12:42:59 GMT -5
The federal government has been regulating gun sales for years under the theory that, since guns are shipped across state lines, the Commerce Clause of the Constitution applies. Forget about the First and Second amendments - the Commmerce Clause is the most abused portion of the founding document.
The Montana state legislature has passed a bill that states that any firearm or firearm accessory that is manufactured and sold entirely within Montana is not subjject to federal gun laws. The bill, HB 246 was signed into law by the Montana governor on April 15, this year with little or no coverage in the national press. Here's an excerpt from the new law:
Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 6] 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.
It should be interesting to see how Obama, who believes in "reasonable" gun control laws, and Eric Holder, who never saw a gun control law he didn't like, deal with this. So far, the bill has been law for a month, with, again, little or no coverage in the national press.
The Montana state legislature has passed a bill that states that any firearm or firearm accessory that is manufactured and sold entirely within Montana is not subjject to federal gun laws. The bill, HB 246 was signed into law by the Montana governor on April 15, this year with little or no coverage in the national press. Here's an excerpt from the new law:
Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 6] 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.
It should be interesting to see how Obama, who believes in "reasonable" gun control laws, and Eric Holder, who never saw a gun control law he didn't like, deal with this. So far, the bill has been law for a month, with, again, little or no coverage in the national press.
