Montana: New Gun Law

[nmap]

No - this is not further restrictions. Quite the contrary. It is my understanding that it has been signed and is the law in Montana.



LINK

Excerpt:

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.



LINK to news story confirming that the Governor signed the bill

[Constant]

One of the reasons my wife and I plan to move back to Montana once I get closer to retirement. A long ways off from then, but hopefully their attitude about the 2nd Amendment doesn't change

[Utah Bob]

Good for them. I bet this is giving BATFE fits!~
I couldn't get my wife to re-locate to Montana so we settled for Colorado.
Could be worse.

[Penn]

Livingston Montana, a few miles from the north entrance gate to Yellowstone....

[Defender968]

Common sense in legislation, wow who would have thunk it, I'm pleasantly surprised. Good on Montana, maybe some of the other states will start to follow suit and put up a couple of road blocks to the Federal Truck that is barreling down on our 2nd amendment rights.

[Penn]

nmap thank you!! I extracted this from the link you noted.

(

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.

[JJ_BPK]

NMAP - PENN
Not to throw dirt..

But does this read that you need to forge your own brass, mill barrels,, mix saltpeter/charcoal/sulfur??

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.

I commend your Legislators & Governor for the effort, but as worded, it seems very narrow??

[nmap]

Looking in Section 3. Definitions:

(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.


I get several impressions. It is, as you suggest, narrow - however, there are three things that occur to me.

1) It minimizes problems with interstate commerce.

2) The manufacturing issues represent barriers to entry - so someone would need some capital to purchase the required equipment. However, I can easily imagine 35 people getting together (under SEC Reg. D Rule 505, as I recall) with $5 million and creating a small plant - which would generate jobs within the state.

3) I suspect one goal is to provoke a test in the courts. All someone has to do is manufacture a suppressor - which is not really a challenging task, according to my rudimentary understanding - and a serious constitutional test occurs. Not that I would have the courage to make that test...

[rubberneck]

Nice move but it won't past constitutional muster. My understanding of SCOTUS rulings regarding the commerce clause pretty much makes it impossible to avoid federal regulation. If any of the raw materials used to make the gun crossed state lines it is subject to federal regulation. If any of the tools or machinery used to make the guns crossed state lines it is subject to federal regulation. If the companies computers and software crossed state borders it would be subject to federal regulation. In this day and age it is all but impossible to avoid being subject to regulation under the commerce clause. Still pretty cool thing for Montana to do. It is nice to know some states still have a set.

[GratefulCitizen]

The 9th Circuit found that the commerce clause was insufficient to regulate home-grown machine guns in US vs. Stewart (2003).

However, they also found that the 2nd amendment didn't protect an individual right to bear arms.

http://caselaw.lp.findlaw.com/data2/...h/0210318p.pdf

(page 19 of the pdf)

[JJ_BPK]

New News,, to me..

Looks like you Montanans have a head start on your new States Rights Weapons Industry for X-GI Uber-Terrorist FOGS.

While looking at the toys for sale on AR15.com I found this little jem..

SONJU Manufacturing Billet Lowers are made in the USA in Kalispell Montana.

7075T6 Construction
Hard Anodized Coating
Colored Safe/Fire Selector Markings
Billet quality fit and finish

Intro Pricing at $199,
JTAC Supply.com

jason@jtacsupply.com
www.jtacsupply.com
JTAC Supply
2999 Mountain Road
P.O. Box 90
Panola, OK 74559
918-465-3257

Thanks!
Jason

Good start,,

[ZonieDiver]

Damn, I wish it didn't get so frackin' cold in Montana!

[nmap]

It seems a similar bill has passed the Alaska house. Rumor is that the Senate will pass it, and that Governor Palin will sign it.

Notice Item 5, Section D:

(d) The attorney general shall defend a citizen of this state who is prosecuted
19 by the government of the United States under the congressional power to regulate
20 interstate commerce for violation of a federal law concerning the manufacture, sale,
21 transfer, or possession of a firearm, a firearm accessory, or ammunition manufactured
22 and retained within this state.

Interesting developments and trends.

LINK to news item

LINK to bill

[SF-TX]

According to this article, the drafters of the law are seeking a legal battle.

'Made in Montana'
Under the new law, guns intended only for Montana would be stamped "Made in Montana." The drafters of the law hope to set off a legal battle with a simple Montana-made youth-model single-shot, bolt-action .22 rifle. They plan to find a "squeaky clean" Montanan who wants to send a note to the ATF threatening to build and sell about 20 such rifles without federal dealership licensing.

If the ATF tells them it's illegal, they will sue and take the case all the way to the U.S. Supreme Court, if they can.

Similar measures have also been introduced in Texas and Alaska.

http://www.msnbc.msn.com/id/30482736/

[SF-TX]

A similar bill has been introduced in Texas. It is out of committee and will next be voted on by the house.

http://www.legis.state.tx.us/BillLoo...1R&Bill=HB1863