Lawmakers Aim Is In-State Firearms Exempt From Federal Regulation

A bill passed in the Montana Legislature 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.

Gov. Bill Schweitzer, a Democrat, signed HB246 into law. A court challenge is expected when the law goes into effect in October.

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” Montanian 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.

Rep. Leo Berman, Tyler Texas Republican has filed a bill to make guns, ammunition and gun parts that are made and sold in Texas free from federal regulation. The bill HB1863 has been herded in a Texas State House committee.

"This does two things," said Berman.  "It tests our sovereignty in relationship to the federal government, and it would attract new small gun manufacturers to the state to manufacture certain types of weapons and ammunition that are only used in intrastate commerce."

Rep. Berman said the Montana plan, "this will be the test case, to challenge the federal law. I'm very interested in our second amendment rights under the Constitution."  The case is all but certain to be tested in court. Montana has much bigger prey in its sights. Montana could start a legal showdown over how far the federal government's regulatory authority extends. It's another way of demonstrating the sovereignty of the state of Montana.

“Under the 9th and 10th Amendments of the U.S. Constitution, states have responsibility for regulating intrastate commerce,” Rep. Berman said. “The federal government has no role.”

“With the appointment of Eric Holder as U.S. attorney general, we have the most anti-Second Amendment attorney general in the history of the nation,” Berman said. “What we’re saying with this is there are some guns not subject to federal regulation. We have guns and gun accessories and ammunition here that are not subject to their regulation.”

America, Montana and Texas are trying to restore state sovereignty. The socialist Barack Hussein Obama and his administration are trying to take more control of our lives each day. The Constitution gives the federal government certain rights and no more. It's time to get the federal government out of our daily lives.

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