Paths To Knowledge (dot Science)

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US State Gun Laws now overriding USA Federal Gun Laws?

Posted by pwl on May 10, 2009

Made in Montana: New Montana Law Makes Certain Guns and Ammo Exempt From Federal Regulation
…Montana, and kept there. The Commerce Clause will soon be void as far as it has to do with regulating this class of firearms. The congress of the United States has abused the Commerce Clause of the U.S. Constitution for years. And now it will finally be challenged by a State that truly has a chance of winning, and thereby freeing the people from this yoke of tyranny that is around our neck, which we call the federal government.

I’ve been telling my friends for years about this Commerce Clause loophole, which is really only a power grab that the feds use to pass their obviously unconstitutional laws. I tell them to just read any federal law, and they will find that 90% of them mention how said law has something to do with interstate commerce. It is one big joke. These laws, congresses reasoning for them, and how they have to do with interstate commerce, is laughable.

This next paragraph would have been on some thoughts I have about the Supreme Court, but because of their nature, I will not state them here. Some things are better left unsaid, just as I edited Becks similar comments out.

Let us hope that more states pass laws like this. But we need to do more than hope, we need to write, and call them. We need to make this happen. This is our country, and for sure these are our states, so we need to be the ones who rule them. So let us take charge, let us write our state representatives and express to them how important it is for them to pass laws that help to bring the power back to the states, and to the people, were our Founding Fathers intended it to be.

Made in Montana: New Montana Law Makes Certain Guns and Ammo Exempt From Federal Regulation

In a time when the Federal government is busily seeking ways to limit the freedom of the American people, the state of Montana has created a new law, dubbed the Montana Firearms Freedom Act, which exempts from Federal regulation all firearms, firearm accessories (including silencers), and ammunition manufactured within its borders, so long as it is properly marked “Made in Montana” and it does not cross state lines.

Certain exceptions apply, one of which seems to delete shotguns from coverage under this new legislation. Although probably aimed at fully-automatic guns (a.k.a. machine guns), the wording “a firearm that discharges two or more projectiles with one activation of the trigger or other firing device” could easily define a shotgun using shotshells (rather than slugs), which discharges many projectiles with each pull of the trigger.
This Montana bill became law on “income tax day,” April 15, 2009. It seems ironic that this move towards freedom from Federal oppression became official on a date that so many freedom-minded Americans loathe. At this time, similar legislation is in the works in other states, including Texas and Alaska.

Montana residents may wish to consult this list of Montana Firearms Manufacturers and Gunsmiths.
The Federal government has long regulated firearms via authority granted to it in the Commerce Clause of the Constitution, on the premise that any gun or related device is automatically subject to Federal regulation because it may be involved in interstate commerce. These new laws would negate that, by protecting guns and related goods which do not cross state lines.

By making exempt from such regulation any eligible gun or related device manufactured within its borders and which stays within those borders, these states are in essence denying the Federal government an apparently fictional authority which it has long asserted. More importantly, the states are creating law-based protection against the very-real threat of a Federal gun registration/confiscation scheme.

I purposely used “registration” and “confiscation” in combination above, because the former historically leads to the latter, with the inevitable result being government by those in government, not by the people.

Many predict that this new movement will lead to an epic legal battle over the Tenth Amendment (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”). If so, an Obama-weighted Supreme Court may end up deciding the issue.

These laws rely on the exempted goods never crossing state lines, which seems pretty tough to control, especially if we wish to remain free from such things as inspection (read: vehicle search) stations where highways cross state lines, which I don’t doubt the Fed would wish to implement, Fourth Amendment to the Constitution notwithstanding.

Read the rest of the article here:

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