The state of Montana has just thrown down the gauntlet. They didn't drop it or place it on the ground. They threw it right at the feet of the federal government and told them "Lets get ready to rumble!"
Montana passed and signed a law that states...
HOUSE BILL NO. 246
INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL, WARBURTONAN 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, speed loaders, 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.
*excerpt taken from Freedoms Phoenix
What does this mean for the average guy? Nothing if you don't live in Montana. However, this now means there could be potentially thousands of guns with marking that do not meat FEDERAL standards but meet MONTANA standards. Are they the same standards? I don't know, but I do know that Texas is not far behind with a very similar law and now that Montana has acted upon their rights according to the Constitution, President Obama has 2 choices. Do nothing and look weak OR go after them AFTER he puts in an anti-gun appointee in the highest court in the land. If he goes after them, will they succeed the union? Maybe. If Texas enacts their law, he is forced to do something.
Can he afford to have 2 states succeed the union? Only time will tell where this goes.
Monday, May 18, 2009
Wednesday, May 13, 2009
Ramble on my friend...
I was surfing and Googling this morning. I happened to come upon a question about Right Wing Anarchists. It got me thinking is there or could there be such a group? By very definition, one could argue it would be impossible. Anarchy is a lack of control, by any government, law enforcement agency or otherwise. A state of complete lack of control of society. About as far as you could get from most right wing ideologues I know. This would include me.
However, recent events enacted by our current oppressive government cause me to re-think my opinion.
I am beginning to see the value, albeit it short lived, in a bit of anarchy. I believe that our government, no matter how many opinion polls I participate in or how many petitions I sign, is never going to listen.
I believe our current government, to include BOTH parties, have gotten fat on our dime. We as a citizenry have allowed them to operate unbridled for far too long and now will not be able to rein them in. We allow them to vote themselves a pay raise. They bailed out AIG because AIG deals with their retirement plans. Am I the only one seeing a conflict of interest? They want national health care but will they participate in it? Not on your life, they have their own health plan.
Given the magic wand there are a few things I would make happen.
1. Two terms for ALL government elected officials.
2. ALL elected Government officials, president excluded, are part time. All expenses are paid for by the official and then treated as business expenses for tax purposes. They meet for 90 days in the summer drawing a small salary during that time.
3. ALL laws brought before the Government must be voted on in state FIRST. Elected Officials must vote the way of the state, regardless of how they feel personally about it.
4. Two terms with no automatic retirement plan. You want to retire rich, participate in a 401(k) or a Roth IRA. This would also apply to the President.
5. No more Electoral College. Majority vote wins period. California gets no more say that Montana or Alaska or New Mexico.
6. We put a man on the moon. We can’t make a computer system that can’t be hacked and use it for voting?
7. If you’re not a citizen of my country, because it is my country, Shut Your Pie Hole or go home! The USA didn’t invite you here, feel free to leave. Stop trying to turn it into “your country of origin” lite. You don’t get free health care, a say in the educational process or anything else! All that to say, I would allow Border Patrol to patrol our borders and protect our country from the invasion of ILLEGAL INVADERS. They are invaders, not immigrants. Invader-to permeate, to intrude upon, to encroach or infringe upon.
8. EVERYTHING would be in English. Can’t read it, learn it!
9. Police, Fireman and teachers would get pay raises. Police based on department performance, Fireman on houses/lives saved and teachers based on a standard national test that changes every year to prevent teaching to the test.
10. Retiring military personnel get free health care for life.
11. Finally, ALL personnel prior to serving in the government as elected officials must serve in the military and be honorably dis-charged.
It’s my dream, let me dream it......
If the 1st Ammendment ever fails, the 2nd Ammendment won't.
However, recent events enacted by our current oppressive government cause me to re-think my opinion.
I am beginning to see the value, albeit it short lived, in a bit of anarchy. I believe that our government, no matter how many opinion polls I participate in or how many petitions I sign, is never going to listen.
I believe our current government, to include BOTH parties, have gotten fat on our dime. We as a citizenry have allowed them to operate unbridled for far too long and now will not be able to rein them in. We allow them to vote themselves a pay raise. They bailed out AIG because AIG deals with their retirement plans. Am I the only one seeing a conflict of interest? They want national health care but will they participate in it? Not on your life, they have their own health plan.
Given the magic wand there are a few things I would make happen.
1. Two terms for ALL government elected officials.
2. ALL elected Government officials, president excluded, are part time. All expenses are paid for by the official and then treated as business expenses for tax purposes. They meet for 90 days in the summer drawing a small salary during that time.
3. ALL laws brought before the Government must be voted on in state FIRST. Elected Officials must vote the way of the state, regardless of how they feel personally about it.
4. Two terms with no automatic retirement plan. You want to retire rich, participate in a 401(k) or a Roth IRA. This would also apply to the President.
5. No more Electoral College. Majority vote wins period. California gets no more say that Montana or Alaska or New Mexico.
6. We put a man on the moon. We can’t make a computer system that can’t be hacked and use it for voting?
7. If you’re not a citizen of my country, because it is my country, Shut Your Pie Hole or go home! The USA didn’t invite you here, feel free to leave. Stop trying to turn it into “your country of origin” lite. You don’t get free health care, a say in the educational process or anything else! All that to say, I would allow Border Patrol to patrol our borders and protect our country from the invasion of ILLEGAL INVADERS. They are invaders, not immigrants. Invader-to permeate, to intrude upon, to encroach or infringe upon.
8. EVERYTHING would be in English. Can’t read it, learn it!
9. Police, Fireman and teachers would get pay raises. Police based on department performance, Fireman on houses/lives saved and teachers based on a standard national test that changes every year to prevent teaching to the test.
10. Retiring military personnel get free health care for life.
11. Finally, ALL personnel prior to serving in the government as elected officials must serve in the military and be honorably dis-charged.
It’s my dream, let me dream it......
If the 1st Ammendment ever fails, the 2nd Ammendment won't.
Monday, May 11, 2009
Thursday, May 7, 2009
The time is now.......
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident; that all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. "
Thomas Jefferson
Thomas Jefferson
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