Claim: The state of Montana passed a law nullifying federal authority to regulate guns in that state.
Example:[Collected via e-mail, May 2009]
Montana Governor Signs New Gun Law
Executive Summary - The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY. The State of Montana has defied the federal government and their gun laws. This will prompt a
showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal - confiscation of privately owned firearms.
Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws
and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obama's face. If the federal government does nothing they lose face. Gotta love it.
Important Points - If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws
especially the constitution of the USA, the very document that empowers the USA.
Silencers made in Montana and sold in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.
Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back. Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters.
There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana!
Discussion - Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.
Origins: In April 2009, the state of Montana enacted the Montana Firearms Freedom Act, legislation stating that "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," essentially a declaration that the U.S. federal government has no authority to regulate any firearms manufactured, sold, and owned within the state of Montana.
Montana has said, in effect, that the authority of Congress to regulate interstate commerce does not give Congress the authority to regulate firearms in Montana that have not been involved in any form of interstate commerce. However, state legislatures do not have the authority to interpret or nullify U.S. Supreme Court decisions regarding federal constitutional powers, so any attempt by Montana to enforce the Firearms Freedom Act would likely be struck down by the U.S. Supreme Court as unconstitutional.