GO Montana! (suppressors +)

[Guest krater]

Gives a new light to the old saying (paraphrased) 'What's MADE in Montana, STAYS in Montana'.

MONTANA 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. - END -

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=&P_BILL_NO=&P_BILL_DFT_NO=LC0671&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=

[poak]

Wow, I'll be watching this

[G27]

It's been voted / passed / signed by the House and Senate and is transmitted to the governor for his signature...

http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=&P_BILL_NO=&P_BILL_DFT_NO=LC0671&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=

Awesome.

[Guest Rem_700]

Awsome!!!They may be on the road to lifting the Full Auto ban?????Maybe hopefully.If that happens i'll for sure be moving to Montana!!Maybe other states will follow suit!

[poak]

Ok, I'm really bad at reading things like the above... So, does this effect other NFA items like SBRs and SBSs?

Awsome!!!They may be on the road to lifting the Full Auto ban?????Maybe hopefully.If that happens i'll for sure be moving to Montana!!Maybe other states will follow suit!

I doubt they would go that route... too much political turmoil. Not to mention Sarah Brady's pants would never be clean again.

[G27]

Ok, I'm really bad at reading things like the above... So, does this effect other NFA items like SBRs and SBSs?

Well, it's up to Montana's discretion. Anything made, sold, and possessed in Montana will fall under their rules, which may be identical to the ATF(doubtful) or more lax...

[Guest bkelm18]

Well, it's up to Montana's discretion. Anything made, sold, and possessed in Montana will fall under their rules, which may be identical to the ATF(doubtful) or more lax...

Well, with the exception of full autos.

[Guest krater]

Full auto is specifically not included in this bill, but there is no reason it couldnt be included under the same concept if the lawmakers were so inclined.

[Guest bkelm18]

Full auto is specifically not included in this bill, but there is no reason it couldnt be included under the same concept if the lawmakers were so inclined.

Well it is listed under the exceptions... Section 5.

[Guest krater]

Well it is listed under the exceptions... Section 5.

Thats what I meant; that this bill specifically doesnt allow fullauto.

[G27]

Thats what I meant; that this bill specifically doesnt allow fullauto.

But the key point is that if this is signed by the gov, then it's only a matter of changing that at the state level. IOW, if enough folks want FA, they can probably make it happen in MT.

This is how it's supposed to work, of course, and I applaud the citizens and elected officials of MT for this move.

[Guest krater]

But the key point is that if this is signed by the gov, then it's only a matter of changing that at the state level. IOW, if enough folks want FA, they can probably make it happen in MT.

This is how it's supposed to work, of course, and I applaud the citizens and elected officials of MT for this move.

Agreed. That's why I expect Heaven and Earth to be moved by fedgov to quash this after it passes, along with much handwringing in the media.

[G27]

Agreed. That's why I expect Heaven and Earth to be moved by fedgov to quash this after it passes, along with much handwringing in the media.

Whatever happens, it's what's needed...

[Guest krater]

Montana governor signed the bill into law.

GO MONTANA!

C'mon Tennessee. They're making us look bad!

[Motasyco]

There is a similar bill in Tennessee. "The Tennessee Firearms Freedom Act", HB1796. http://www.capitol.tn.gov/Bills/106/Bill/HB1796.pdf

[Guest colombianito1021]

when is this going to the committee?

[Motasyco]

Here's the latest info I know of:

Tennessee General Assembly Legislation

[Guest bkelm18]

Looks like tomorrow.

[Motasyco]

I saw on Glen Beck last week that the Montana law is expected to make it to the Supreme Court. Obama's choice of the new judge may play into this. Texas, Tennessee, and several other states are following Montana's lead.

[Guest colombianito1021]

so tomorrow it is placed on the Calendar & Rules Committee. Is this a committee with a vote? if it passes that it goes to the whole house?

edit:

i was just looking over the bill and reading it and re-read this "This bill states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee. "

If i am interpreting that right if an accessory such as a suppressor is from outside state lines then it can be purchased without going through NFA rules? I also wonder if a SBR is okay as long as the lower is registered as made in tenn. and the upper can be from anywhere...hmmmm this makes things very interesting! I cant believe people are not really excited about this on this thread!

Edited May 27, 2009 by colombianito1021

[Guest bkelm18]

I saw on Glen Beck last week that the Montana law is expected to make it to the Supreme Court. Obama's choice of the new judge may play into this. Texas, Tennessee, and several other states are following Montana's lead.

Not likely. He replaced a liberal justice with a liberal justice.

[TNRobocop]

so tomorrow it is placed on the Calendar & Rules Committee. Is this a committee with a vote? if it passes that it goes to the whole house?

edit:

i was just looking over the bill and reading it and re-read this "This bill states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee. "

If i am interpreting that right if an accessory such as a suppressor is from outside state lines then it can be purchased without going through NFA rules? I also wonder if a SBR is okay as long as the lower is registered as made in tenn. and the upper can be from anywhere...hmmmm this makes things very interesting! I cant believe people are not really excited about this on this thread!

Don't read anything into this....

Try and get a NFA dealer/manufacturer to ship you a suppressor directly across state lines without going through a NFA dealer in your home state.

Ain't gonna happen.

Now if the suppressor was made in state that might be another matter.

As far as a SBR goes, as long as it would never cross state lines after construction, then "technically" the commerce clause would not come into effect and the BATFE would "technically" have no jurisdiction.

[dunndw]

so all we need is Sabre to make a SPR with a can and sell it as the Tennessee Wisper

[Paletiger13]

+100 dunndw. I thought the exact same thing.

[Paletiger13]

Other (state)'s officials need to read what other states are doing and follow suite. This will tell all states how much freedom we really have.