DFW Mustang Forums banner
1 - 20 of 25 Posts

·
Registered
Joined
·
528 Posts
Discussion Starter · #1 ·
I dont think its a repost... i havent seen it on here before... but this should be a good fight!


http://www.atv.info/article.cfm?id=842

The USA state of Montana has signed into power a revolutionary gun law
Panama Legal

I mean REVOLUTIONARY. The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal – confiscation of privately owned firearms.

Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obamas face. If the federal government does nothing they lose face. Gotta love it.

Important Points – If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA.

Silencers made in Montana and sold in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.

Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back.

Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters.

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana.

Discussion – Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.

Text of the New Law
HOUSE BILL NO. 246

INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL, WARBURTON

AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Firearms Freedom Act".

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.

Section 3. Definitions. As used in [sections 1 through 6], the following definitions apply:

(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.

(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.

Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.

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.

Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 6] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.

Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 6].

Section 8. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.
 

·
Banned
Joined
·
5,539 Posts
There is some precedent against stuff like this. Look at the Nullification Crisis Andrew Jackson faced.

Basically South Carolina told Jackson to shove it when it came to laws/tax they didnt like. He said "Fuck You" and threatened to send the army in to straighten shit out, and needless to say the state backed down.

Of course, this was Jackson... the president who thwarted an assassination attempt by beating the shit out of the would be assassin with his cane. Also the man who allowed people he dueled to take the first shot (thats right, in a fucking duel with guns, Jackson allowed his oppenent to fucking shoot at him before shooting back). Now we have Obama, who is a little bitch. God damn the presidency of the US is just not the same as it used to be.
 

·
Rambling Man
Joined
·
10,985 Posts
Wow!!! Right the fuck on!! Will be following this closely.

How would one go about letting them know they are doing the right thing?

Even more important.... How can we get our State government to stand beside them as well?
 

·
Premium Member
Joined
·
14,194 Posts
Wow!!! Right the fuck on!! Will be following this closely.

How would one go about letting them know they are doing the right thing?

Even more important.... How can we get our State government to stand beside them as well?
Texas is already following suit.

Problem is, I havent seen anything amending the our current laws that bans this stuff unless it's federally registered.
 

·
Banned
Joined
·
5,539 Posts

·
Premium Member
Joined
·
14,194 Posts

·
User may be editing post.
Joined
·
12,013 Posts
the current texas law from my knowledge centers around manufacture of firearms, an attempt to attract firearm manufacturers to texas to help boost the economy.
 

·
Registered
Joined
·
544 Posts
Texas has a similar law going through the House right now and so does Alaska. The states are trying to force the feds hands on this one. The states are trying to establish a new precedent, and the real issue at hands isn't guns. This is just the easiest one to rile the feds about. This is about states and citizens rights period.
 

·
Bullet Sponge
Joined
·
3,142 Posts
Then again, seems we have our own version. Does this mean Sept. we'll be able to have unregistered class 3?\

81R9687 DAK-F

By: Berman, Kleinschmidt, Bonnen, Weber, H.B. No. 1863
Flynn, et al.


A BILL TO BE ENTITLED
AN ACT
relating to exempting the intrastate manufacture of a firearm, a
firearm accessory, or ammunition from federal regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. FINDINGS. (a) The Legislature of the State of
Texas makes findings as stated in this section.
(b) The Tenth 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 Texas certain powers as they were
understood at the time that Texas was admitted to statehood in 1845.
The guaranty of those powers is a matter of contract between the
state and people of Texas and the United States dating from the time
Texas became a state.
(c) The Ninth Amendment to the United States Constitution
guarantees to the people rights not granted in the constitution and
reserves to the people of Texas certain rights as they were
understood at the time that Texas became a state. The guaranty of
those rights is a matter of contract between the state and people of
Texas and the United States dating from the time Texas became a
state.
(d) The regulation of intrastate commerce is vested in the
states under the Ninth and Tenth Amendments to the United States
Constitution if not expressly preempted by federal law. The United
States Congress has not expressly preempted state regulation of
intrastate commerce relating to the manufacture on an intrastate
basis of firearms, firearms accessories, and ammunition.
(e) 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 Texas became a state, and the
guaranty of the right is a matter of contract between the state and
people of Texas and the United States dating from the time Texas
became a state.
(f) Section 23, Article I, Texas Constitution, clearly
secures to Texas citizens the right to keep and bear arms. This
constitutional protection is unchanged from the date the
constitution was adopted in 1876.
SECTION 2. DECLARATION. The Legislature of the State of
Texas declares that a firearm, a firearm accessory, or ammunition
manufactured in Texas, as described by Chapter 2003, Business &
Commerce Code, as added by this Act, that remains within the borders
of Texas:
(1) has not traveled in interstate commerce; and
(2) is not subject to federal law or federal
regulation, including registration, under the authority of the
United States Congress to regulate interstate commerce.
SECTION 3. Title 99, Business & Commerce Code, is amended by
adding Chapter 2003 to read as follows:
CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
ACCESSORY, OR AMMUNITION
Sec. 2003.001. DEFINITIONS. In this chapter:
(1) "Firearm accessory" means an item that is used in
conjunction with or mounted on a firearm but is not essential to the
basic function of a firearm. The term includes a telescopic or
laser sight, magazine, flash or sound suppressor, folding or
aftermarket stock and grip, speedloader, ammunition carrier, and
light for target illumination.
(2) "Generic and insignificant part" means an item
that has manufacturing or consumer product applications other than
inclusion in a firearm, a firearm accessory, or ammunition. The
term includes a spring, screw, nut, and pin.
(3) "Manufacture" includes forging, casting,
machining, or another process for working a material.
Sec. 2003.002. MEANING OF MANUFACTURED IN THIS STATE. (a)
For the purposes of this chapter, a firearm, a firearm accessory, or
ammunition is manufactured in this state if the item is
manufactured:
(1) in this state from basic materials; and
(2) without the inclusion of any part imported from
another state other than a generic and insignificant part.
(b) For the purposes of this chapter, a firearm is
manufactured in this state if it is manufactured as described by
Subsection (a) without regard to whether a firearm accessory
imported into this state from another state is attached to or used
in conjunction with it.
Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
firearm, a firearm accessory, or ammunition that is manufactured in
this state and remains in this state is not subject to federal law
or federal regulation, including registration, under the authority
of the United States Congress to regulate interstate commerce.
(b) A basic material from which a firearm, a firearm
accessory, or ammunition is manufactured in this state, including
unmachined steel and unshaped wood, is not a firearm, a firearm
accessory, or ammunition and is not subject to federal regulation
under the authority of the United States Congress to regulate
interstate commerce as if it actually were a firearm, a firearm
accessory, or ammunition.
Sec. 2003.004. EXCEPTIONS. This chapter 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 1.5
inches and that uses smokeless powder and 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.
Sec. 2003.005. MARKETING OF FIREARMS. A firearm manufactured
and sold in this state must have the words "Made in Texas" clearly
stamped on a central metallic part, such as the receiver or frame.
Sec. 2003.006. ATTORNEY GENERAL. (a) The attorney general
shall defend a citizen of this state whom the federal government
attempts to prosecute, claiming the power to regulate interstate
commerce, for violation of a federal law concerning the
manufacture, sale, transfer, or possession of a firearm, a firearm
accessory, or ammunition manufactured and retained in this state.
(b) On written notification to the attorney general by a
citizen of the citizen's intent to manufacture a firearm, a firearm
accessory, or ammunition to which this chapter applies, the
attorney general shall seek a declaratory judgment from a federal
district court in this state that this chapter is consistent with
the United States Constitution.
SECTION 4. This Act applies only to a firearm, a firearm
accessory, as that term is defined by Section 2003.001, Business &
Commerce Code, as added by this Act, and ammunition that is
manufactured on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2009.
 
1 - 20 of 25 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top