The AP is reporting that the State of Montana is preparing to take on the Federal Government over states rights.
“In a bill passed by the Legislature earlier this month, the state is asserting that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed.”
and
“It’s a gun bill, but it’s another way of demonstrating the sovereignty of the state of Montana,” said Democratic Gov. Brian Schweitzer, who signed the bill.
Note the article quoted Democratic Governor Schweitzer, obviously not cut from the same cloth as the Obama wing of the party. My personal tendency was to think the “new Socialist Democrats” had replaced pretty much all the Blue dogs. It appears that I must re-evaluate my position.
The federal government has twisted the Commerce Clause to regulate practically anything you can name, so it will be interesting to follow this through the courts.
A candidate to notify the BATF of his intentions to manufacture rifles in Montana for Montana citizens is being sought.
Upon the expected receipt of BATF’s notice that he can’t do that, the court battle will begin. Manufacture of the rifles will not be necessary to start the court battle.
Supporters state that the Made in Montana stamp on the product makes it different from the 2005 California Federal marijuana case, since California marijuana looks pretty much like Oregon marijuana and so forth. The look alike argument seems pretty silly since all firearms manufactured in the last 40+ years will have a serial number.
The author of the bill sums it up best:
“Firearms are inextricably linked to the history and culture of Montana, and I’d like to support that,” said Montana state Rep. Joel Boniek, the bill’s sponsor. “But I want to point out that the issue here is not about firearms. It’s about state rights.”
In an age of the massive Federal power grab, this will be an interesting story to follow….

Ok Montana
tedpomeroy Saturday, May 2nd at 8:56PM EDT (link)Olsmithie,
Good to see someone thinking along these lines. You are a true Patriot!
If there was one big failure by the Congress of 1995 - 2005 it was not liberating the States from Medicaid.
Also, join me in calling for the return of the Western lands under Federal control!
Montana also nullified the Real ID Act
LJ "Beaglescout" Miller Saturday, May 2nd at 10:49PM EDT (link)I mention it in my new diary that is also about strengthening federalism.
“Each of us has a natural right, from God, to defend his person, his liberty, and his property.”
As much as I hate cold weather, if they win this case...
elderstatesman Saturday, May 2nd at 9:14PM EDT (link)Me and the little lady are moving to the land of the free and the home of the brave. I wonder how many other people after reading the article are thinking, Gee honey, maybe we should move to Montana.”
Seriously, my wife and I often have a conversation that goes something like this:
Me: “This country is becoming something that I am not proud of. What is going on?
Wife: “I know. It’s terrible and getting worse fast. But where else on earth is there anyplace that is as free as we are here?”
Me: There’s always Montana. It’ll be a long time before the left manages to gut their state of its freedoms. Either that or we can raise sheep in New Zealand…”
Wife: They won’t let us come to New Zealand because they don’t allow immigrants without jobs there. Finish your book so we can retire on the royalties and then they’ll let us in.. Montana is wayyyy too cold for me.”
Me: Yeah, but in Montana you can drive your truck really fast, carry a gun on your hip and eat fattening foods too. I think it’s pretty much the last bastion of American Freedom. But you’re right it’s too cold….”
Well now I’m re-thinking my argumaents about the whole cold thing….
You'll have your freedom to keep you warm. nt
redneck_hippie Saturday, May 2nd at 9:20PM EDT (link)“We must not lose our faculty to dare, especially in dark days.” - Churchill in March, 1942.
Remember NY-23; translation: RINOs Have No Base.
Not if the Dems pass cap and trade...
Next93 Tuesday, May 5th at 10:11AM EDT (link)Under cap and trade, your freedom to keep warm will be taken away.
Constitutional limits on the powers of the federal government:
It’s not just the law, it’s a good idea!
Montana has oil reserves
Raven Tuesday, May 5th at 2:21PM EDT (link)Over 80 Billion Barrels worth. And then there’s all that natural gas…
I’m sure Montana will not worry too much about cap and tax
“Unlike cruel liberty that requires you to stand and take responsibility for your choices, kind tyranny requires only that you kneel and surrender your choices.”
Or is it only 40 Billion?
Raven Tuesday, May 5th at 2:27PM EDT (link)In any case, it’s plenty for Montana…
“Unlike cruel liberty that requires you to stand and take responsibility for your choices, kind tyranny requires only that you kneel and surrender your choices.”
Or they could engage in some disobedience to the federal gods.
Steph C Tuesday, May 5th at 3:27PM EDT (link)States rights and all, they could just ignore the cap and trade tax.
“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics
elderstatesman, you could also move to Tennessee.
janis Wednesday, May 6th at 8:44AM EDT (link)I heard on the news last night here that TN is moving to pass this very same thing. Hope that all red states move to do this. The blue states can use sling shots.
Please take care of Montana.
Rod_Patrick Saturday, May 2nd at 9:46PM EDT (link)McCain’s margin vs Obama in the last election was very slim..
Wish I'd stayed in Montana
lkdavis Sunday, May 3rd at 12:47AM EDT (link)I lived in Montana for seven years before relocating to Colorado. I loved it there. It truly is a different kind of place. I didn’t vote for Schweitzer but I’ll sure back him for this one.
……………………………………………………………………………………………………………
You have enemies? Good. That means you’ve stood up for something, sometime in your life.
Winston Churchill
AROOOOOOOO!!!!!!!
montanan Monday, May 4th at 12:58AM EDT (link)Yes, we rock. Just a bit o’ trivia for you, it is legal to own an automatic rifle in Montana if you make it yourself. As for the whole REAL ID thing, The feds finally stopped pestering us about it when Schweitzer told them to shove the whole thing where the sun don’t shine. Don’t be fooled though, there are plenty of liberals here. They just confine themselves to two major communes: Missoula and Whitefish. The rest of the fourth largest state in the union is populated by cowboys welders and nuke silos. And you are right, Schweitzer is not a run of the mill Dem, even if our two senators are. The man supports abortion and same sex marriage, and he has done a lot to bring “green” energy sources like biofuels and wind energy to our state; but he has a passion for freedom and liberty and for that we love him.
The neat thing is that this isn't even a nullification
Neil Stevens Monday, May 4th at 1:06AM EDT (link)They’re not saying the federal law doesn’t apply in Montana. They’re saying it doesn’t apply when Interstate Commerce doesn’t apply.
Heh.
Want to run for conservatives? Give.
There Is No Crisis
Same Bill
SgtKirk Monday, May 4th at 4:25PM EDT (link)This same bill has been introduced into the Texas State Legislature by Representative Leo Berman. It passed committee and is scheduled to be introduced for full house voting in the next couple weeks. So for those of you that don’t like the cold, but like this law, we are always looking for new, conservative Texans!!
Link
SgtKirk Monday, May 4th at 4:28PM EDT (link)Here is a link that I forgot to put in my comment
http://www.kltv.com/global/story.asp?s=10299241
Go Montana!!!
secondpatriot76 Monday, May 4th at 8:31PM EDT (link)Looks like Montana wants to water the tree of liberty. Let’s see is the liberal press goes after the dem gov of the state. The liberal press loves him on energy and all that green stuff let’s see what happens.
scott
montana and napalitano
secondpatriot76 Monday, May 4th at 8:34PM EDT (link)I wonder how janet napalitano will treat montana and the dem gov. i wonder if she will put montana on the right wing terrorist list.
scott
We have similar legislation pending in Alaska.
Achance Monday, May 4th at 8:57PM EDT (link)Didn’t make it through this session, but it is still live for next session. Introduced by Rep. Mike Kelly of Fairbanks, a good guy. Unless something wierd happens or it becomes some National cause celebre, it will pass. Red states really should be taking all sorts of things like this on. Let the Fed enforce the State borders. If the product is manufactured in a state for use in that state, it is none of the Fed’s business unless it is taken to another state that cares. Only then is it a federal issue. Does this sound a little like Fugitive Slave Act arguments to those of you who know some history? I’m feeling the need to poke pointy sticks at the US Government!
In Vino Veritas
Sounds like it to me
Raven Tuesday, May 5th at 2:30PM EDT (link)Most definitely sounds like it.
“Unlike cruel liberty that requires you to stand and take responsibility for your choices, kind tyranny requires only that you kneel and surrender your choices.”
This is where the real battles will be won.
Jim Monday, May 4th at 10:17PM EDT (link)The federal government is an unmanageable monster that will not be reigned in from D.C. It will take the states reasserting themselves and saying “No more!”
Bring back the Principles of ‘98! Bring back nullification!
“On the free market, everyone earns according to his productive value in satisfying consumer desires. Under statist distribution, everyone earns in proportion to the amount he can plunder from the producers.”
Murray Rothbard
This isn't nullification
Neil Stevens Tuesday, May 5th at 10:14AM EDT (link)If you took a gun made in Vermont into Montana, under this law you’d still be accountable to federal law.
Don’t give the left any false arguments!
Want to run for conservatives? Give.
There Is No Crisis
Understood.
Jim Tuesday, May 5th at 11:08AM EDT (link)I know. I was just getting caught up in the whole spirit of states rights!
Although, technically, a case can be made that the commerce clause does not provide the federal government any authority in your scenario as well. At least with regard to anything having to do with gun registration, licensing, etc. The Federalist papers indicate, and Madison spoke of, “commerce” referring to nothing more that “trade.” It was included to keep the states from throwing up crazy tariffs against one another and inhibiting trade amongst the states. The commerce clause was supposed to setup a framework in which the states would freely trade with each other. Ironically, its effect has been just the opposite by stifling businesses and killing our manufacturing infrastructure.
“On the free market, everyone earns according to his productive value in satisfying consumer desires. Under statist distribution, everyone earns in proportion to the amount he can plunder from the producers.”
Murray Rothbard
The Commerce Act has been stretched to the breaking point
olsmithie Wednesday, May 6th at 11:08PM EDT (link)in order to seize control of this or that.
I submit the largest majority of laws hinging on the Commerce Clause would not have passed muster with the authors of same.
Regards
Good Lord...
itsonlywords Tuesday, May 5th at 1:50PM EDT (link)I wish I lived in a state with some cojones.
Tu ne cede malis sed contra audientor ito. ~Virgil
Do not give in to evil, but proceed evermore boldly against it.
Pride in My State
farstar99 Tuesday, May 5th at 2:17PM EDT (link)We worked hard on this as a party and as individuals.
But don’t be fooled by Schweitzer. He signed it because he had to.
The man hates guns as much as any Democrat does.
He has privately boasted of fixing elections and privately whispered his hatred of having to put on a “show” of supporting the Second Amendment. In particular, he comments that he dressed up like a “yokel” and posed with a gun while on horseback, because he had to, to get elected.
He’s a socialist, and was just as wrapped up in the New Party as Obama was, as Jon Tester was, and as Max Baucus was. He’ll turn on the Second Amendment first chance he gets. I should say “is,” because they never really went anywhere. They just infiltrated, like lice.
Schweitzer
devCharles Wednesday, May 6th at 5:53AM EDT (link)I’ve heard mixed things about Shweitzer. What kind of socialist stuff is he for? I saw him give a speech for Obama at the convention, and I thought that he couldn’t possibly be that much of a conservative democrat if he was stumping for Obama at the convention.
“If you analyze it I believe the very heart and soul of conservatism is libertarianism.” - Ronald Regan
This is huge! I wrote just today how gun rights arguments and those that make them
Mike gamecock DeVine Tuesday, May 5th at 9:26PM EDT (link)are some of the best defenders of all liberties. This is the best 10th amendment action I have seen, maybe ever.
my column today, ironically
http://www.redstate.com/gamecock/2009/05/05/examining-the-conservative-wisdom-of-gun-rights-examinations/
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
Most folks forget that the 2nd guarantees the rest of them nt
olsmithie Wednesday, May 6th at 11:12PM EDT (link)Oklahoma calls for sovereignty too! I see a major trend coming, let's push this everywhere!
Doc Holliday Wednesday, May 6th at 12:01PM EDT (link)link comes from Drudge.
http://www.newsok.com/house-bypasses-governors-veto-to-claim-oklahomas-sovereignty/article/3366762
Molon Labe!
How does a state like this...
TxCon Wednesday, May 6th at 3:31PM EDT (link)have a Democratic governor and two Democrats in the US Senate?
States rights is going to be a big winner for the GOP
Vaughn Harold Thursday, May 7th at 7:05AM EDT (link)over the next several years. People are sick of the government forcing their ideology uniformity across all the states.
As it has always been,
UpLateAgain Thursday, May 7th at 11:20AM EDT (link)The Second Amendment assures the rest of them. In this case, it’s the Tenth that is reinforced more than any other.
You never never never actually need a gun, until you need a gun, and then nothing else will do.
Secession talk continues to grow...
mbdam123 Thursday, May 7th at 11:41PM EDT (link)A column by Bill Shipp appeared in several north Georgia newspapers and painted Gov. Rick Perry and future GA Gov. John Oxendine as nuts and wackos for standing up for the 9th and 10th Amendments. The following blog was my response to Shipp’s column… I think you’ll like it
http://publius772000.wordpress.com/2009/05/07/in-defence-of-the-secessionist-traitors/