Showdown over “Made in Montana” Law Expected

[Fingolfen]

Montana has passed legislation exempting firearms made and sold in Montana to Montana residents from most Federal Firearms regulations. The key legal reasoning behind the state law is the fact that Federal Firearms law is based on the “interstate commerce” powers of the Federal government. Texas and Alaska introducing similar measures:

[Only registered and activated users can see links. ]

[Markp]

Originally Posted by Fingolfen

Montana has passed legislation exempting firearms made and sold in Montana to Montana residents from most Federal Firearms regulations. The key legal reasoning behind the state law is the fact that Federal Firearms law is based on the “interstate commerce” powers of the Federal government. Texas and Alaska introducing similar measures:

[Only registered and activated users can see links. ]

Yep, this is gonna get ugly!!!

I can't wait... I want to see this fight go down!

Mark

[Fritz]

Originally Posted by Markp

Yep, this is gonna get ugly!!!

I can't wait... I want to see this fight go down!

Mark

This.

[4thIDvet]

Wonder who the guy is who is going to step too the plate and do the deed.
My FFL has too charge me $5.00 "his cost" to the State of Florida for a background check on purchase.
Think this law was implemented by the Feds.
Vermont members correct me if I am wrong. Pretty sure Vermont told the Feds to kiss off on the charge. Told them they aint gonna charge nobody.
Dont know how that ever worked out.
Good to see the States starting to fight back.

[railbuggy]

Quote:
Originally Posted by Elza
First of all the Fed is going to fall on this like the Hammer of God, or try to at any rate. First will be a Supreme Court ruling which is easily ignored. Ignoring the SC seems to be working well for the District of Columbia for the time being. If the legislature and the people of Montana stand fast then the ball is in the court of the Fed.

What will the Fed do at this point? Some sort of blockade to all interstate transportation? It would be rather like crossing a picket line. Some would do it but most wouldn’t chance the wrath of the Fed. I certainly wouldn’t want to stand roadblock duty! Talk about a sitting duck………

Would the Fed actually move on Montana militarily? The British tried it against the Colonials (and for the same reason) and it didn’t work out all that well.

It will basically come down to the people and the legislature. I have never had the pleasure of visiting the Great State of Montana but if the folks on this board are in any way representative of the overall population it could be very interesting!

It could get very interesting, quick. There are several other state legislatures with similar bills, so it would be interesting to see if they all get "knocked" out in one blow or not.

The biggest problem I see for Montana is that the Feds could withhold federal money until/unless the state enforces the ruling. This is the biggest problem with federal income tax, namely that individuals pay the IRS and the Congress deals the money back out to the states, influencing a whole slew of state choices, like 21 alcohol age, and speed limits on highways. Montana may not be able to hold out over a funding showdown.
__________________

Quote:
Originally Posted by Elza

Would the Fed actually move on Montana militarily?
Quote
Move against who, specifically?

[MaadiMan]

“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.”

I've been looking for a reason to move back home! I'll do it!

[4thIDvet]

The one problem, among others, is the first time the weapon leaves the State of Montana, has the owner transported an illegal weapon.
Then another battle will ensue as to transferring.
Ah what the hell. At least there letting the Feds know were sick of there friggen stupid laws.

[Markp]

Originally Posted by 4thIDvet

The one problem, among others, is the first time the weapon leaves the State of Montana, has the owner transported an illegal weapon.
Then another battle will ensue as to transferring.
Ah what the hell. At least there letting the Feds know were sick of there friggen stupid laws.

There is no reason it should be illegal as long as it remained in the possession of a Montana resident. Still, the federal government has simply gone too far in regulating our lives. They need to be cut down to size.

Mark

[TheCol.U.S.M.C.]

I want to move now!!! I hope AZ will do this

[nalioth]

Originally Posted by railbuggy

The biggest problem I see for Montana is that the Feds could withhold federal money until/unless the state enforces the ruling. This is the biggest problem with federal income tax, namely that individuals pay the IRS and the Congress deals the money back out to the states, influencing a whole slew of state choices, like 21 alcohol age, and speed limits on highways. Montana may not be able to hold out over a funding showdown.

I don't think the good legislators of Montana are that stupid, to overlook all possible ramifications before running this through. I suspect they took it under consideration and felt that they didn't need Fed money.

Originally Posted by 4thIDvet

The one problem, among others, is the first time the weapon leaves the State of Montana, has the owner transported an illegal weapon.
Then another battle will ensue as to transferring.

Why? So long as it has a manufacturers mark and serial number on it, it can transfer anywhere via an FFL dealer.

If it doesn't, you just won't be able to sell it out of state.


I think the bigger s***storm is coming when Montanans start bending their own receivers and assembling their Krink and AMD-65 kits as they come (iow, w/o 16" barrels) and making their own suppressors.