Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

10th Amendment Power- Montana Tells Feds To Leave Montana's Guns Alone
secondamendmentfreedom.blogspot.com/ ^ | 05/11/09 | Sasparilla

Posted on 05/11/2009 8:04:29 AM PDT by Sasparilla

The tentacles have been cut off the Federal gun regulation octopus in the Big Sky State. The gun law is a gloves off slap in the face of the Federal Government and gun control groups. The Bradys are apoplectic once again. Montana exercised its 10th Amendment state sovereignty as the Governor signed a law that exempts guns, accessories such as magazines, silencers, and ammunition made in the state of Montana from all Federal firearms regulation. The guns and ammunition can't leave the state of Montana, and all guns made there must have "Made In Montana" stamped on them. There are no background checks, no serial numbers, and no paperwork.

The state believes that since the Montana made guns don't cross state lines, then they are immune to all Federal Interstate commerce law's regulation. The state believes that just as the second amendment's "well regulated" militia, doesn't refer to the National Guard, which was created a hundred or so years after the second Amendment was written, regulation of interstate commerce doesn't apply because nothing travels interstate between the states. Montanans believe that when the State was admitted to the Union that the Second Amendment was a contract between the State, The people, and the United States and that it guaranteed the right to keep and bear arms.

The Montana firearms industry isn't big. There are just a few specialty gun makers there, and a few that make western re-creations. But, of course the implications are huge. Alaska and Texas are considering similar legislation. Colonel Travis would be proud of Texas. The state will go and further will arrest any Federal agents in Montana who try to enforce Federal gun law over Montana made guns and ammo.

Losing any power is not in politician's blood, especially in the Obama administration. This law...

(Excerpt) Read more at secondamendmentfreedom.blogspot.com ...


TOPICS: Politics
KEYWORDS: 10thamendment; banglist; guncontrol; statesrights
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-65 next last
To: Sasparilla
Montana would do well to push their native son Dirk Benedict (former star of Battlestar Galactica / A-Team) into politics. I've read his book Confessions of a Kamikaze Cowboy and have heard his semi-regular appearances on the Rusty Humphries show, as well as his occasional columns at Breitbart's Big Hollywood. He's very much the embodiment of the classic American rugged individual and would make a great spokesman for our side...


21 posted on 05/11/2009 8:56:30 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sasparilla
"The Montana firearms industry isn't big."

This may change in the future with a ruling like this. Also, I would think for anyone to challenge this in court, they would have to have some sort of standing to do so.
22 posted on 05/11/2009 8:56:45 AM PDT by Old Teufel Hunden
[ Post Reply | Private Reply | To 1 | View Replies]

To: ctdonath2
We've got some pretty good gun manufacturers here in VA..
..Alas,with the present governor and the blue state of affairs in the northern part of the state,it is not to be....
yet.
23 posted on 05/11/2009 8:58:19 AM PDT by gimme1ibertee (For the sake of our Republic....RAISE HOLY HELL!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: VR-21
Anything that promotes a general attitude of suspicion and contempt for the leviathan federal government we now have is a good thing.

Obama doesn't have what it takes for my opinion of him to improve to "suspicion and contempt".

24 posted on 05/11/2009 9:02:07 AM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Old Teufel Hunden

The entire state of Montana has fewer than 1 million residents. The market is rather small. However, I have two friends who are on police forces in Montana - they will gladly arrest a federal agent!


25 posted on 05/11/2009 9:03:34 AM PDT by JD91
[ Post Reply | Private Reply | To 22 | View Replies]

To: Vaquero
Have you noticed the phrase at the end of the Second Amendment that says “Shall not be infringed”. The Democrats keep missing that.
26 posted on 05/11/2009 9:14:14 AM PDT by ANGGAPO (Leyte Gulf Beach Club)
[ Post Reply | Private Reply | To 8 | View Replies]

To: preacher
The effect of that decision is that Congress may regulate a purely local activity if the cumulative effect of such activitiy is that it would have a substantial effect on interstate commerce.

True, but as we all know, the ruling itself was faulty. The Supreme Court is not omnipotent! Congress (and not the SC) can REGULATE interstate commerce, but that commerce must first occur. Things in a state that have any effect on interstate commerce are none of the feds business, only the states.

Return power to the states where it belongs. The state legislature is (or should be) more responsive than some distant bureaucratic behemoth government.

27 posted on 05/11/2009 9:15:28 AM PDT by jeffc (They're coming to take me away! Ha-ha, hey-hey, ho-ho!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: TurtleUp
Obama doesn't have what it takes for my opinion of him to improve to "suspicion and contempt".

Roger that. Were I talking about Obama alone, I would have thrown in the words "revulsion." I was talking about the politicians and the legions of bureaucrats who lord over us presently.


28 posted on 05/11/2009 9:17:23 AM PDT by VR-21 (The election of Barack Obama was a hate crime.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: ctdonath2

There is however a clear difference between commerce and interstate commerce. The courts decision is erroneous because there is a reason that interstate commerce is labeled that. It is not the same as commerce in general, and the courts decision ignores the difference.


29 posted on 05/11/2009 9:20:24 AM PDT by ResponseAbility (Government tends to never fix the problems it creates in the first place)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Joe 6-pack

I am familair with Dirk’s body of work, and respect his ability, but I just can’t condone a man coloring his hair......


30 posted on 05/11/2009 9:29:52 AM PDT by I Buried My Guns (I just hope CW2 comes before my creaky knees give out completely!)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Vaquero
That's already past due. First shots have already been fired.

But, Lost is on and people just can't be bothered right now...

31 posted on 05/11/2009 9:30:43 AM PDT by Dead Corpse (III)
[ Post Reply | Private Reply | To 8 | View Replies]

To: I Buried My Guns
"I just can’t condone a man coloring his hair......"

Hey...Even Reagan was known to hit the bottle from time to time...


32 posted on 05/11/2009 9:32:04 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Sasparilla

So will it be the job of the state to ensure none of their domestically manufactured firearms leave the state? How will they do that?


33 posted on 05/11/2009 9:35:12 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 1 | View Replies]

To: preacher

That was my favorite bit of case law during my MBA program.

That convoluted thinking made me glad I chose business school over law school. To this day, I cannot have a reasoned argument with the lawyers in my family or my lawyer friends. Every damned one of the suborns logic to “precedent”.

Basically, the retarded kid turns in his test first, and from that point on, 1+1=7.

Go figure.


34 posted on 05/11/2009 9:38:37 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 14 | View Replies]

To: Joe 6-pack

He’s a friggin’ crybaby.
He can’t stand it that the new Battlestar Galactica outshines the old campy shit by several orders of magnitude.
He’s written several editorials about it, and he’s never come off good.


35 posted on 05/11/2009 9:40:25 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 21 | View Replies]

To: SJSAMPLE

bump .... stealing that example for use in later debates. :)


36 posted on 05/11/2009 9:43:21 AM PDT by Centurion2000 (We either Free America ourselves, or it is midnight for humanity for a thousand years.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: SJSAMPLE
I disagree....he can't stand it that the old Battlestar has been feminized beyond recognition, and it's just a symptom of society at large. Not sure if this is one of the editorials to which you refer, but I think he's right...

"Lt. Starbuck...Lost in Castration"

37 posted on 05/11/2009 9:46:45 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Sasparilla
You go, Montana!

Here's one resident of the despicable Gay State, Massachusetts, who'll wager that MA's national politicians will be working overtime to 'protect the children' from Montana giving the Feds the finger here while simultaneously working the same in reverse to give the nation our stinky finger of homo marriage.

Of course, the hypocrisy of it all will be lost on the great thinkers like Kennedy, Markey, Frank, and the other MA arsehole politicians that blight Washington.

38 posted on 05/11/2009 9:52:53 AM PDT by Lovely-Day-For-A-Guinness (Eenie meanie, chili beanie, the spirits are about to speak....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe 6-pack

He’s just mad that the new Starbuck is more manly than anything he ever did. Prancing about with a Cheshire grin doesn’t cut it with a more intellectual audience. It’s about more than selling toys.

More gritty.
More violent.
Better story.
Better acting (not even close).

No friggin “Boxie” or a robotic dog.
No genius big-headed kid.

As I said, better by FAR.
And he just can’t take it.


39 posted on 05/11/2009 9:53:57 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 37 | View Replies]

To: Sasparilla
All this and yet.....three of the top four elected officials in the state are filthy RATS.I just don't get it.
40 posted on 05/11/2009 9:56:55 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-65 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson