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OfflineHagbardCeline
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Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird
    #10288412 - 05/05/09 05:10 AM (12 years, 5 months ago)

At least nearly any type.  No full auto unfortuanately.


KVPI Channel 6 (Montana)
Associated Press - April 15, 2009 5:24 PM ET
5-4-9


MONTANA SOVEREIGNTY BILLS HAVE NATIONAL SCOPE

HELENA, Mont. (AP) - Gov. Brian Schweitzer has signed into law a bill that aims to exempt Montana-made guns from federal regulation.

House Bill 246 was sponsored by Republican Rep. Joel Boniek of Livingston. It applies only to guns made and kept in Montana.

Its supporters hope it triggers a court case to test the legal basis for federal rules governing gun sales.

The measure is 1 of many introduced this year by state lawmakers across the nation that seek to assert state sovereignty.

Along with the gun bill, Montana legislators are also considering a resolution that affirms the federal government only has those powers listed in the U.S. Constitution.
House Resolution 3 follows an effort that failed earlier this session. It was heard Wednesday by the House Judiciary Committee.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.kpvi.com/Global/story.asp?S=10190400


MONTANA GOVERNOR SIGNS NEW GUN LAW

Executive Summary ­- The USA state of Montana has signed into power a revolutionary gun law. 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 Obama's 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.

- END -


Latest Version of HB 246 (HB0246.ENR)
Processed for the Web on April 3, 2009 (11:03am)

New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the <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=>status of this bill for the bill's primary sponsor.

<http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_
TYP_CD=&P_BILL_NO=&P_BILL_DFT_NO=LC0671&Z_ACTION=Find&P_
SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=>Status of this Bill | <http://laws.leg.mt.gov/laws09/LAW0200W$.Startup>2009 Legislature | <http://leg.mt.gov/>Leg. Branch Home
<http://data.opi.mt.gov/bills/2009/HB0299/HB0246_x.wpd>This bill in WP 5.1 | <http://data.opi.mt.gov/bills/2009/>
All versions of all bills (WP 5.1 format)
<http://data.opi.mt.gov/bills/2009/BillPdf/HB0246.pdf>Authorized print version w/line numbers (PDF format)
[ <http://laws.leg.mt.gov/laws09/law0203w$.startup>NEW SEARCH ]

Prepared by Montana Legislative Services
(406) 444-3064
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm


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OfflineCoaster
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: HagbardCeline]
    #10288496 - 05/05/09 05:50 AM (12 years, 5 months ago)

oh how i love contradicting laws :rolleyes:


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OfflineSeussA
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Coaster]
    #10288551 - 05/05/09 06:23 AM (12 years, 5 months ago)

> oh how i love contradicting laws :rolleyes:

It isn't really contradicting because the federal law is unconstitutional based upon the 2nd amendment.  Even if the federal law is constitutional, state rights trump federal rights as long as interstate commerce isn't involved.  This law clearly delineates itself from interstate commerce, keeping it safe from one of the courts favorite tools.  This should become very interesting.

Imagine the same type of law, but where a state inserts drugs in place of guns: "Any drug produced within the state is legal as long as it remains in the state."


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OfflineCoaster
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Seuss]
    #10288554 - 05/05/09 06:24 AM (12 years, 5 months ago)

I heard all federal laws supersede state laws, well at least that was their argument for justifying raids on medical marijuana facilities.


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OfflineSeussA
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Coaster]
    #10288568 - 05/05/09 06:36 AM (12 years, 5 months ago)

It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.


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OfflineCoaster
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Seuss]
    #10288705 - 05/05/09 08:10 AM (12 years, 5 months ago)

I think its ridiculous they even allow people to vote on laws that the feds don't accknolwedge and arrest people for.


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OfflineMadtowntripper
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Coaster]
    #10288714 - 05/05/09 08:15 AM (12 years, 5 months ago)

Like medical marijuana?

:cool:


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After one comes, through contact with it's administrators, no longer to cherish greatly the law as a remedy in abuses, then the bottle becomes a sovereign means of direct action.  If you cannot throw it at least you can always drink out of it.  - Ernest Hemingway

If it is life that you feel you are missing I can tell you where to find it.  In the law courts, in business, in government.  There is nothing occurring in the streets. Nothing but a dumbshow composed of the helpless and the impotent.    -Cormac MacCarthy

He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.  - Aeschylus


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OfflineCoaster
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Madtowntripper]
    #10288827 - 05/05/09 09:16 AM (12 years, 5 months ago)

Yeah why did millions vote on a law that can be challenged at any time.


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Offlinezouden
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Coaster]
    #10288952 - 05/05/09 10:04 AM (12 years, 5 months ago)

Just curious, does Montana have a gun-making industry?


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OfflineHagbardCeline
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: zouden]
    #10288973 - 05/05/09 10:09 AM (12 years, 5 months ago)

If not, they will now.


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I keep it real because I think it is important that a highly esteemed individual such as myself keep it real lest they experience the dreaded spontaneous non-existance of no longer keeping it real. - Hagbard Celine


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OfflineHagbardCeline
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10288998 - 05/05/09 10:14 AM (12 years, 5 months ago)

Apparently Texas is considering a similar bill.

http://www.tylerpaper.com/article/20090428/NEWS01/904280322/-1/RSS01


Bill Limits Gun Regulation
By ROY MAYNARD
Editorial Page Editor

A bill by state Rep. Leo Berman exempting Texas-made firearms, gun accessories and ammunition sold within the state from federal regulation and law -- including registration -- was heard in a House committee on Monday.

The bill also provides for the Texas Attorney General's office to defend Texans who run afoul of the federal government because of this law.

Berman, a Tyler Republican who has pushed several "states' rights" measures this legislative session, said his bill would affect more than 300 manufacturers in the state.

"Under the 9th and 10th Amendments of the U.S. Constitution, states have responsibility for regulating intrastate commerce," Berman said. "The federal government has no role."

Worse, he said, the federal government would like to increase regulations.

"With the appointment of Eric Holder as U.S. attorney general, we have the most anti-Second Amendment attorney general in the history of the nation," Berman said. "What we're saying with this is there are some guns not subject to federal regulation. We have guns and gun accessories and ammunition here that are not subject to their regulation."

Berman said the bill has the support of the National Rifle Association and the Texas State Rifle Association. Contacted on Monday, the Texas State Rifle Association's Alice Tripp did not comment.

Berman said his bill could also spark economic development.

"This gun bill will invite new industry into Texas, that will take advantage of intra-state commerce," Berman said. "We're talking about gun manufacturers, gun accessory manufacturers, and ammunition reloaders."

Montana passed a similar bill earlier this month, and a court challenge is expected when the law goes into effect in October.

"It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," said Montana Gov. Brian Schweitzer, a Democrat.

Opponents there warn the law could result in gun purchases with no criminal background checks.

Tyler attorney and gun rights advocate Sean Healy said Berman's effort is commendable.

"I applaud Leo's effort to put the federal government in its place," Healy said. "Americans have been conditioned for decades to accept Washington's meddling in their lives. We have grown complacent, and we accept most new restrictions without batting an eye. As a result, Washington has gotten used to doing whatever it wants."

That applies to sweeping federal regulation of firearms, he added.

"I think Leo is right about the Constitution," he said. "The founders intended for the federal government to have the powers specifically given to it in the Constitution, and the states and the people to keep the power to do everything else."

Still, the bill could end up putting the state on a collision course with the federal courts.

"The only problem I see with Leo's bill is the provisions requiring the state to pay for its citizens to fight the federal government," Healy said. "That could cost the taxpayers a lot of money fighting a losing battle."

Berman's bill was left pending in committee, as is usual following committee hearings. It could be voted on as soon as next week.

On Wednesday, another House committee will hear a bill by Berman that would place an 8 percent surcharge on all money wired by illegal immigrants to Mexico and Central and South America. Berman said the bill would generate $480 million yearly. The revenue would be earmarked for hospitals, which he says bear the burden of providing health care for uninsured illegal immigrants and for border security.


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10289002 - 05/05/09 10:15 AM (12 years, 5 months ago)

Yes, if there's a big enough market for pistols and bolt-action rifles, I suppose. Looks like the law doesn't cover shotguns or automatic rifles. I wonder why? Seems a strange exception to make.

But do many federal laws cover pistols and bolt-action rifles?


--------------------
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OfflineHagbardCeline
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: zouden]
    #10290569 - 05/05/09 03:53 PM (12 years, 5 months ago)

I saw the part about automatic rifles, but where did you see shotguns being excluded?  It does specifically allow for a gun with a bore of 1.5", which is HUGE!  .50 cal is still less than an inch I believe.

I don't know specifics, but from what I've read I don't think there is much that specifically regulates bolt-actions, but pistols do.  There are a lot of vague laws though that cover all firearms or rifles dealing with magazine capacity, barrel length, suppressor ready barrels, and even the grips (don't want a gun to look to menacing) and probably tons more I've never heard. 

Why are you only asking about bolt-action and pistols though?  Because it seems you neglected semi-automatics.  I didn't read anything that excluded them.


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I keep it real because I think it is important that a highly esteemed individual such as myself keep it real lest they experience the dreaded spontaneous non-existance of no longer keeping it real. - Hagbard Celine


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InvisibleLeftyBurnz
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10290975 - 05/05/09 05:11 PM (12 years, 5 months ago)

Quote:

HagbardCeline said:
I saw the part about automatic rifles, but where did you see shotguns being excluded?  It does specifically allow for a gun with a bore of 1.5", which is HUGE!  .50 cal is still less than an inch I believe.




according to that anything up to 38mm is game.    thats a huge fucking round.    :lol:


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10291025 - 05/05/09 05:20 PM (12 years, 5 months ago)

Quote:

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.




So buckshot wouldn't be allowed. But I guess solid catridges would be. And yes, so would semiautomatic rifles, dunno why I was just thinking about bolt-action rifles (too much Call of Duty?).


--------------------
I know... that just the smallest
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: zouden]
    #10291048 - 05/05/09 05:25 PM (12 years, 5 months ago)

(1) a firearm that cannot be carried and used by one person;

ok, ok.. I am putting the GE mini gun away.. lol

...

Anyway, I am glad these states are/or will be doing this.. the right to bare arms is esential to the basis of our country.. there was a reason that was a priority...


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: Herbal_Elixer]
    #10291085 - 05/05/09 05:31 PM (12 years, 5 months ago)

AWESOME.  then the 20mm rifle that i posted in the hunting forum is good to go.  its a little heavy, but i could carry it. haha.



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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: LeftyBurnz]
    #10291171 - 05/05/09 05:47 PM (12 years, 5 months ago)

:lol: looks like it's for hunting aircraft


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I know... that just the smallest
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Seuss]
    #10291840 - 05/05/09 07:23 PM (12 years, 5 months ago)

Quote:

Seuss said:
It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.






Only for laws they can pass and enforce.  If they have no power to enforce the laws they have no power to assert their supremacy.



Guns made in Montana and sold in montana are not interstate commerce, and therefore their is no reason for the feds to have jurisdiction to regulate the transaction.


And I don't think you mispoke.


It doesn't contradict to make something legal or something (didn't read all the bill) legal while federal law makes it legal.



All it does is say we don't have this law, how is that contradictory?


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OfflineCowFarmer
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: LeftyBurnz]
    #10291848 - 05/05/09 07:24 PM (12 years, 5 months ago)

Quote:

leftysurprise said:
AWESOME.  then the 20mm rifle that i posted in the hunting forum is good to go.  its a little heavy, but i could carry it. haha.






Good luck trying to rustle that through the woods without making any noise :wink:


Cool find and interesting read, wasn't Montanna the state that was breaking off from the Union 3 or 4 years back?


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: johnm214]
    #10291948 - 05/05/09 07:38 PM (12 years, 5 months ago)

Quote:

johnm214 said:
Quote:

Seuss said:
It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.






Only for laws they can pass and enforce.  If they have no power to enforce the laws they have no power to assert their supremacy.



Guns made in Montana and sold in montana are not interstate commerce, and therefore their is no reason for the feds to have jurisdiction to regulate the transaction.


And I don't think you mispoke.


It doesn't contradict to make something legal or something (didn't read all the bill) legal while federal law makes it legal.



All it does is say we don't have this law, how is that contradictory?




so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Deekay]
    #10292194 - 05/05/09 08:13 PM (12 years, 5 months ago)


so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't

Quote:

HagbardCeline said:
...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.


Prepared by Montana Legislative Services
(406) 444-3064
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm




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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: CowFarmer]
    #10293321 - 05/05/09 10:45 PM (12 years, 5 months ago)

No, it would be breaking federal law.  In the case of marijuana, I think it's because of that really stupid Supreme Court ruling a few years ago that said something like "Just because marijuana can be a interstate commodity, then feds have jurisdiction over states regardless of whether or not the substance actually crossed state lines.


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Deekay]
    #10293572 - 05/05/09 11:29 PM (12 years, 5 months ago)

Quote:

Deekay said:
Quote:

johnm214 said:
Quote:

Seuss said:
It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.






Only for laws they can pass and enforce.  If they have no power to enforce the laws they have no power to assert their supremacy.



Guns made in Montana and sold in montana are not interstate commerce, and therefore their is no reason for the feds to have jurisdiction to regulate the transaction.


And I don't think you mispoke.


It doesn't contradict to make something legal or something (didn't read all the bill) legal while federal law makes it legal.



All it does is say we don't have this law, how is that contradictory?




so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't





What is "it"?



Its not the conflict that has to be of conflicting legality but the law.


The states are under no duty to enforce federal law, they may decide to legalize something if they want.


Allowing people to grow and sell marijuana doesn't conflict with federal law.  Doing the activity does, and same with this law.


Of course not really, only under the bullshit present law.  Under a plain reading of the constitution their is no right of the federal government to regulate interstate marijuana/gun stuff.



Especially now that it is settled that you have an individual right to keep and bear arms, their is no justification for the federal regulation except the bullshit commerce clause interpretation.



If the conservatives weren't all fucking pussies and idiots they'd fight this.  But they are, and they really don't mean shit when they talk about federalism.


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10293596 - 05/05/09 11:33 PM (12 years, 5 months ago)

Quote:

HagbardCeline said:
No, it would be breaking federal law.  In the case of marijuana, I think it's because of that really stupid Supreme Court ruling a few years ago that said something like "Just because marijuana can be a interstate commodity, then feds have jurisdiction over states regardless of whether or not the substance actually crossed state lines.




Translation:  One big steaming heap of bullshit.


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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: TGRR]
    #10323723 - 05/11/09 08:33 PM (12 years, 5 months ago)

campaignforliberty.com%2Findex.php%3Fblogpage%3D1&feature=player_embedded


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