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Montana new gun law?

Discussion in 'Politics, Elections & Legislation' started by ralph barnes, Oct 8, 2009.

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  1. ralph barnes

    ralph barnes TS Member

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    Isn't it tomorrow that Montana new gun law goes into effect?
     
  2. Jim101

    Jim101 Active Member

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    what law would that be ???????



    Jim
     
  3. wireguy

    wireguy TS Member

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    Any firearm manufactured in Montana, that remains in Montana, is not subject to federal laws, including BATFE. BATFE has already, I have read, opined to the contrary. This could be VERY interesting.
     
  4. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    Soooo, Is the state going to provide the defense for violators of federal laws then???
     
  5. smp005

    smp005 Member

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    You know that brings up an interesting point.. If a state decides not to enforce a specific federal statute or specifically decides that a federal law does not apply within the borders of that state, what can the federal gov actually do about it? Would BATFE officers have any authority if the state did not allow them to?

    Obviously they would have jurisdiction on Federal property but what about state or private property? Interesting situation...

    Seems to me like it is a States Rights issue - I hope we start to see lots of States start standing up to the Socialists in DC...


    Scott
     
  6. 221

    221 Banned User Banned TS Supporters

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    That is exactly what is being heard in the Supreme Court......We may not like the results....


    If you can live with a Federal Firearms "Violation" on your record, keep thinking that you will be immune from fed prosecution. Remember it's YOUR ASS that's in the sling not your legislators......just ask those that are busted in CA with pot.


    Like it or not the United States "IS" ........not the old thinking that the U.S. "ARE"
     
  7. wireguy

    wireguy TS Member

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    As I understand it the law was written and passed by the Montana legislature. I doubt they would have done that unless they were spoiling for a fight.
     
  8. 221

    221 Banned User Banned TS Supporters

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    Look at WACO ......They were not found to be in possession of all those destructive weapons......Did not seem to matter....Even in TEXAS


    Ruby Ridge.......No firearms laws were broken......Did not seem to matter in Idaho.


    I doubt that Montana would last that long, if sanctioned .
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Deplorable Bitter Clinger in Liberal La La Land
    Mrs. Weaver was caught carrying a loaded baby.
     
  10. Ted K.

    Ted K. Member

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    There is a well-established constitutional doctrine referred to as supremacy, which states that Federal law overrules state law. Here is the text of the U.S. Constitution:

    "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."

    The supremacy clause is overruled by specific amendments (like the Second Amendment) but otherwise is without exception. Montana probably hopes that the U.S. Supreme Court will hold that the Montana law is covered by the Second Amendment, but if it really reads as described above, it looks like they are trying to avoid the commerce clause in the U.S. Constitution, and I don't think the law will be upheld on that basis. I also doubt that the Second Amendment would be held to protect the Montana law if it reads as described above.

    The supremacy clause was thoroughly debated during the constitutional convention, and it was adopted with the understanding that the clause was essential to ensure that the United States did not become a loose affiliation of states with little central governmental authority. It was upheld by the Supreme Court as recently as 1982.

    A fairly good report on the Montana legislation and a brief analysis of its constitutional aspects can be found at http://www.washingtontimes.com/news/2009/jun/15/gun-law-challenges-federal-powers/

    Ted K.
     
  11. ccw1911

    ccw1911 Member

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    RE: Waco, Ruby Ridge, Do you think Eric Holder has the balls of Janet Reno?
     
  12. ralph barnes

    ralph barnes TS Member

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    http://www.youtube.com/watch?v=7QOXrTsLdC4

    wish i knew how to do this....sorry

    "texas and montana tells the goverement to "get your damned hands offour guns"
    title in you tube.
    imho this is big.
     
  13. ralph barnes

    ralph barnes TS Member

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    here is the texas gov.Strickland. Texas vs the federal gov.
     
  14. ralph barnes

    ralph barnes TS Member

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    i made a mistake........strickland is not the gov. of texas........lost bird on that one......maybe a fail to fire....something happen.
    hope rick doesn't catch this one.
    ralph
     
  15. phirel

    phirel TS Member

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    Could this be similar to California legalizing marijuana for medical use at the state level, but its possession and use remain illegal at the Federal level? How is all of that working out?

    Pat Ireland
     
  16. Jerbear

    Jerbear TS Member

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    <object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/7QOXrTsLdC4&hl=en&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/7QOXrTsLdC4&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

    <object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/wOBtSuocwsU&hl=en&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/wOBtSuocwsU&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>


    There ya go Ralph.



    Jerbear
     
  17. ralph barnes

    ralph barnes TS Member

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    Thanks Jerbear....using this computer is like programing my vcr. smile
     
  18. ralph barnes

    ralph barnes TS Member

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    Wonder how many guns were sold over the weekend without batfe approvel. I belive Montana also does the background checks on felons who have served their time. Something should hit the fan this next week.
    lock and load......ralph
     
  19. GunDr

    GunDr Well-Known Member

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    OT-How can the people of Montana vote as a US senator, Max Baucus?

    I don't think I'd want to be the first to step up to the plate and sell a firearm with no paper work.

    Doug
     
  20. ralph barnes

    ralph barnes TS Member

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    new update
    -
    WEAPONS OF CHOICE
    Feds sued to keep out of state's gun affairs
    Complaint filed seeking affirmation of Montana Firearms Freedom Act

    --------------------------------------------------------------------------------
    Posted: October 03, 2009
    11:25 pm Eastern

    By Bob Unruh
    © 2009 WorldNetDaily


    In the second major front in the war over gun rights that has developed in just days, a lawsuit has been filed against U.S. Attorney General Eric Holder seeking a court order that the federal government stay out of the way of Montana's management of its own firearms
     
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