tangent4ronpaul
03-04-2009, 09:56 PM
http://www.missoulian.com/articles/2009/02/14/bnews/br26.txt
Montana House Shoots Down Federal Gun Controls
House shoots down federal gun controls
By KAHRIN DEINES of the Associated Press
HELENA (AP) - Montana lawmakers fired another shot in battles for
states' rights as they supported letting some Montana gun owners and
dealers skip reporting their transactions to the federal government.
Under House Bill 246, firearms made in Montana and used in Montana
would be exempt from federal regulation. The same would be true for
firearm accessories and ammunition made and sold in the state.
"What we need here is for Montana to be able to handle Montana's
business and affairs," Republican Rep. Joel Boniek told fellow
lawmakers Saturday. The wilderness guide from Livingston defeated
Republican incumbent Bruce Malcolm in last spring's election.
*
Boniek's measure aims to circumvent federal authority over interstate
commerce, which is the legal basis for most gun regulation in the
United States. The bill potentially could release Montanans from both
federal gun registration requirements and dealership licensing rules.
Since the state has no background-check laws on its own books, the
legislation also could free gun purchasers from that requirement.
"Firearms are inextricably linked to the history and culture of
Montana, and I'd like to support that," Boniek said. "But I want to
point out that the issue here is not about firearms. It's about state
rights."
The House voted 64-36 for the bill on Saturday. If it clears a final
vote, the measure will go to the Senate.
House Republicans were joined by 14 Democrats in passing the measure.
"I would hope that our U.S. Supreme Court would begin to retreat from
what I think is an abusive interpretation of our interstate commerce
clause," said Rep. Deborah Kottel, a Democrat from Great Falls who
supports the measure.
That clause in the U.S. Constitution grants Congress authority to
regulate commerce with foreign nations, and among the states. The
Supreme Court has handled cases seeking to limit the clause's
application in recent years. In 2005, the court upheld federal
authority to regulate marijuana under the clause, even when its use
is limited to noncommercial purposes n such as medical reasons n and
it is grown and used within a state's borders.
The Montana bill follows fears here and elsewhere that the election
of ****** ***** as president will trigger more gun regulation. In the
months before *****'s inauguration, Montanans rushed to stock up on
guns, pushing gun sales beyond normal benchmarks despite the
recession.
Opponents of the measure worry lax regulations in the state could
lead to a similar surge in both gun sales and gun manufacturing.
"Who are we bringing in and is this the kind of business we want to
have in this state?" asked Rep. Sue Malek, D-Missoula. "I want our
state to be recognized as a state that cares about people, and that
cares about the environment."
The bill is one of a number the Legislature is considering that may
extend gun rights in Montana.
Earlier in the week, the House passed another measure, HB228, that
would let Montanans carry concealed weapons in city limits without
having permits.
On Saturday the House Judiciary Committee narrowly passed a
resolution that affirms Montanans' right to carry weapons in national
parks and wildlife refuges.
Montana House Shoots Down Federal Gun Controls
House shoots down federal gun controls
By KAHRIN DEINES of the Associated Press
HELENA (AP) - Montana lawmakers fired another shot in battles for
states' rights as they supported letting some Montana gun owners and
dealers skip reporting their transactions to the federal government.
Under House Bill 246, firearms made in Montana and used in Montana
would be exempt from federal regulation. The same would be true for
firearm accessories and ammunition made and sold in the state.
"What we need here is for Montana to be able to handle Montana's
business and affairs," Republican Rep. Joel Boniek told fellow
lawmakers Saturday. The wilderness guide from Livingston defeated
Republican incumbent Bruce Malcolm in last spring's election.
*
Boniek's measure aims to circumvent federal authority over interstate
commerce, which is the legal basis for most gun regulation in the
United States. The bill potentially could release Montanans from both
federal gun registration requirements and dealership licensing rules.
Since the state has no background-check laws on its own books, the
legislation also could free gun purchasers from that requirement.
"Firearms are inextricably linked to the history and culture of
Montana, and I'd like to support that," Boniek said. "But I want to
point out that the issue here is not about firearms. It's about state
rights."
The House voted 64-36 for the bill on Saturday. If it clears a final
vote, the measure will go to the Senate.
House Republicans were joined by 14 Democrats in passing the measure.
"I would hope that our U.S. Supreme Court would begin to retreat from
what I think is an abusive interpretation of our interstate commerce
clause," said Rep. Deborah Kottel, a Democrat from Great Falls who
supports the measure.
That clause in the U.S. Constitution grants Congress authority to
regulate commerce with foreign nations, and among the states. The
Supreme Court has handled cases seeking to limit the clause's
application in recent years. In 2005, the court upheld federal
authority to regulate marijuana under the clause, even when its use
is limited to noncommercial purposes n such as medical reasons n and
it is grown and used within a state's borders.
The Montana bill follows fears here and elsewhere that the election
of ****** ***** as president will trigger more gun regulation. In the
months before *****'s inauguration, Montanans rushed to stock up on
guns, pushing gun sales beyond normal benchmarks despite the
recession.
Opponents of the measure worry lax regulations in the state could
lead to a similar surge in both gun sales and gun manufacturing.
"Who are we bringing in and is this the kind of business we want to
have in this state?" asked Rep. Sue Malek, D-Missoula. "I want our
state to be recognized as a state that cares about people, and that
cares about the environment."
The bill is one of a number the Legislature is considering that may
extend gun rights in Montana.
Earlier in the week, the House passed another measure, HB228, that
would let Montanans carry concealed weapons in city limits without
having permits.
On Saturday the House Judiciary Committee narrowly passed a
resolution that affirms Montanans' right to carry weapons in national
parks and wildlife refuges.