HB 246 (MT made firearms) passed the MT House!

[archangel689]

It's on its way to the Senate with little opposition.

The bill would apply to guns, gun accessories and ammunition made and kept in Montana. With it, the state could become the first to successfully throw off the yoke of federal gun control - or at least the latest state to wrangle with the federal government in court over states' rights.

This means machine guns folks!

[Penguini66]

This means machine guns folks!

Specifically, it means machine guns with no tax stamp from the feds.

Good going Montana!

Edit: Looked into it again because I thought I remembered something.....

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

NEW SECTION. 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.



NEW SECTION. 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.

????? Perhaps I'm wrong.

Regardless, it is still a great step in the right direction. Although I wish they hadn't limited it to firearms. Anything manufactured and consumed within a state should be in no way under federal regulation.

Oh, and it does look like it has pretty good support. 85 to 14 on the last House vote before being passed to the Senate:
http://laws.leg.mt.gov/laws09/LAW020...P_ENTY_ID_SEQ=

This is exactly the kind of bill that other states need to work on. Something with teeth. While passing a "Sovereignty resolution" is a step in the right direction, it has no teeth. This bill has teeth. Although I truly wish they would have left out exception #4 if that means you would still need a tax stamp.

[ajax]

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

Still a good move by Montana and I hope other states step up like this.

Bah, beat me to it. Yeah no machine guns by the look of it.

[••SpraynPray••]

W00T, I was born in Billings, Montana! And I am SOOO Moving back! =D

qoute/?

NEW SECTION. Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 7 6] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.

qoute/??? lol

I cant wait to get my Made in Montana Stamp. =D

[mojo]

It's sad that this actually has do be done. It should be implied, and the fact that they have to put this through, just shows how far the Fed has over stepped it's bounds.

With that said, I wish every state would pass the same bill (hopefully without the FA clause )

[Philadelphia]

It's sad that this actually has do be done. It should be implied, and the fact that they have to put this through, just shows how far the Fed has over stepped it's bounds.

With that said, I wish every state would pass the same bill (hopefully without the FA clause )

If MT follows through, this is a groundbreaking bit of legislation that may help to re-establish our Federal Republic in America. The commerce clause (and taxing power) has been used as a catch all "excuse" for the federal gov't to bulldoze the states on all manner of overreaching regulation, which would no doubt amaze the founding fathers. From a practical and "common sense" standpoint, what was the point of including a reservation of states' rights if the commerce clause and taxing powers really were intended to mean the federal gov't could comprehensively regulate just about everything under the sun.

Maybe the pendulum is swinging back and the Court will establish that enough really is enough. Let's face it, there has to be some limit somewhere on federal power. It will be interesting to see where the present Court draws that line.

[Dredly]

So does this apply to SBR's then only? are silencers included in this?

[phillyd2]

So, if it does not include MG (SBR?) then what is the point? It is only to preemptive to a possible new Fed AWB?

[Bug44]

Any other states looking to adopt the same bill?

[ThunderingWind]

NEW SECTION. 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.

Is there language that clarifies that a shogun that fires more than one shot (ball) is still allowed? Part 4 could limit shot guns.

And what firearm that has a bore size of 1.5" is still available and can be carried by one person? Part 1 and 2.