Montana fires a warning shot over states' rights!
HELENA, Montana - April 29, 2009 - Montana is trying to trigger a battle over gun control and perhaps make a larger point about what many folks in this ruggedly independent state regard as a meddlesome federal government.
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.
That notion is all but certain to be tested in court.
The immediate effect of the law could be limited, since Montana is home to just a few specialty gun makers, known for high-end hunting rifles and replicas of Old West weapons, and because their out-of-state sales would automatically trigger federal control.
Still, much bigger prey lies in Montana's sights: a legal showdown over how far the federal government's regulatory authority extends.
"It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," said Democrat Governor Brian Schweitzer, who signed the bill.
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" Montanan 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 hm it's illegal, he will sue and take the case all the way to the U.S. Supreme Court, if he can.
Similar measures have also been introduced in Texas and Alaska.
"I think states have got to stand up or else most of their rights are going to be buffaloed by the (illegitimate Obama regime) and by Congress," said Texas state Rep. Leo Berman.