The Montana Gun Law You WILL NEVER Hear About…

May 3, 2009 by

(Author’s Note: Please note the date of this post and that this hit the blogsphere at the end of April.)

UPDATED: 5/7/09:

Glenn Beck’s interview with Judge Napolitano concerning the far reaching ramifications of the new Montana Firearms Freedom Act.  If this does not get every patriot in America dancing in the streets, I do not know what will.  This is the beginning of the change we can believe in.

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I just heard that Texas is working on the same type of bill that was just signed by the Governor of Montana on April 15th, 2009.  HAS ANYBODY HEARD ABOUT THIS ON THE MSM?  Guess not; it’s a gun freedom law.

The Montana Firearms Freedom Act, HB246, go here.

From the Volokh Conspiracy:

Montana’s staunchly pro-Second Amendment Governor, Democrat Brian Schweitzer, has signed Montana HB 246, the Montana Firearms Freedom Act. The bill declares that a firearm which is manufactured in Montana, and never leaves the State of Montana, “is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce.”

Further, “It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.”

And this is even better…

From Freedom’s Phoenix:

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 Obamas 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.

Texas is looking better and better….
For the continuing status of Texas HB1863, go here.


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56 Comments

  1. ooddballz

    OK, just logged onto this web page from, well lets just say another page. I have heard of the Montana gun law, but NOT through the MSM, ( go figgure) and was looking for more info about it, so thanks to all that have posted here.

    This page will now be bookmarked, and though my computer skills are VERY limited, and my typing sucks, I can still figure out how to access my bookmarks. So be prepared to read my opinion, bad spelling and all, more often.

    Just so you know, I am NOT polotically correct, don’t have to be, ain’t running for office. My comments are usally short and misspelled….yeah IO know, spellcheck, but the program I am running does not accept that (or so it tells me) and this may be the longest comment ya hear from me since it took me 15 minutes to type it. That alone should tell ya how important this is to me.

    Thanks for letting me vent.

  2. Welcome to all the newcomers on the Monster and I am hoping you will continue to return to find out what is really going on in the world and our fine country. I also am glad that you have added to the conversation, because at this point, we all need to be talking to everybody and educating those that are on the fence about the danger our country and our Constitution are in.

    God bless America! (to borrow a line from AGenie!)

  3. Updated Montana Gun Law Post With Video: http://bit.ly/YxWXC

  4. RT @LogisticMonster Updated Montana Gun Law Post With Video: http://bit.ly/YxWXC … moving to MT is change we can believe in!

    • Jay Kneifel

      Don’t move to Mt., just work on your state. The more states that follow this action, the better off the whole country will be! This is whats really needed, for everyone to act and direct their state on the constitution.

  5. Patrick Henry

    I think Utah deserves some serious consideration for our move out of the People’s Republic of Kalifornia. Utah’s legislator said on the Glenn Beck Show today that they’re currently drawing up a tougher law than Texas or Montana has, which will be the 2nd Amendment and States’ rights example for the nation.

    I’ve lived here my entire life (except for a year in Vietnam) but the liberal infested Kalifornia Politburo’s last tax increase was the last straw for us. Los Angeles has a 10% sales tax now! They doubled vehicle registration fees! An eight year old Carrera went from $250 to $500! Bye bye liberals…you can pay these taxes to your hearts’ content…not me!

  6. State’s Rights RULE! Tea Parties were just the beginning. Here’s the videos of what was on Glenn Beck last night http://bit.ly/vWv9V #tlot

  7. Drew Bowler

    I’m sure Oklahoma will be next… just look at what they did to repel the illegal immigration problem and the SSP/NAFTA super-highway that was suppose to go throught their state; then Arkansas, Mississippi, and possibly Kentucky and Tennessee. I really don’t think Texas will pass it, too many liberals in their legislative bodies, and I think Wyoming relies too heavily on federal programs to try to do anything like this but I may be wrong. ALL HAIL THESE TRUE AMERICANS WHO PUT HONESTY AND VIRTUE ABOVE POLITICAL GAIN!!!!!!

    http://www.cnn.com/2007/US/11/02/oklahoma.immigration/index.html

    http://www.cnn.com/2007/US/11/02/oklahoma.immigration/index.html

    • Hastings

      Wyoming relies too heavily on federal grants? What state is this in comparison to? Check out the state’s debt next to any other, we have the lowest state and local debt at 7.21%, with Oklahoma at 11.96% and the national average at 19.47%. We don’t rely upon federal funding because we have energy to back our state. Look at North Dakota today. Wyoming not only joined the fight against the feds regarding gun control, they were the first state after Montana to do so. Oh by the way, we were also the first state to pass a similar law. How about you do a little research before talking about something you don’t know.

  8. Truthfinder

    Good for Montana! The real fight will eventually be with the Supreme Court if they rule against states rights.

    All that is necessary for evil to triumph is for good men to do nothing!

  9. troy chambers

    Allright first off thank you Montana. Finally someone with some balls. Want to help this movement along? Do what I just did send a polite email to your local state represenative asking them to introduce a similar bill in your state legislature along with a link

    http://data.opi.mt.gov/bills/2009/BillPDF/HB0246.pdf

    to the Montana law. I beleive there is an awakening in this country after the tea parties people are starting to pay attention and are fed up with what’s happening. This is the kind of change I’ve been waiting for. For the first time in a long time maybe we will truly be the UNITED States of America. Don’t let this movement die (remember this is just one battle in a war to get our country back from criminals like Pelosi, Reid and Obama and a lot more on both sides of the isle) keep writing those polaticians that WORK FOR YOU and your newspapers and blogs. Oh! and Michelle Obama this IS’NT the first time in my life I’m proud to be an American but it certainly gives me hope that when the chips are down this is still the greatest country in the history of the world. God Bless the U.S.A.

    • Troy – I would love to send an email off to my non-representative representatives but I live in the state that just passed Islam Day (Hawaii) and they haven’t been listening for a even longer time than the rest of the US.

      Thanks for your great comment, and welcome.

  10. troy chambers

    Diamond, keep calling them and writng them, remind them who they work for. I know some states are worse than others but we have to keep up the fight. I live in the state where the supreme court not the legislature just made gay marriage legal, you guessed it Iowa. It’s easier to get the represenatives at the state level to work for you though I think because the districts are smaller and you can set out to campaighn against them. Just tell them that.

    Is this your sight? it’s really done well. I want to spend some time browsing. I have some things I’d like to submit if you don’t mind.

    Oh and sorry to here about the islam day, you do have your work cut out for you. There is a bright side though, your not California.

  11. Lavender

    To Drew Bowler:

    You commented about WY not doing anything because of its reliance on Fed money (I live in Montana, BTW, so I live nearby and understand their mindset, God bless ‘em, quite well):

    Mr. Bowler, you’re QUITE mistaken.

    It was the High Sheriff of Big Horn County, WY, Dave Mattis, who sued the Feds in Federal District Court and WON! (Case No. 2:96-cv-099-J (2006) The Fed alphabet soup agencies were coming into his county, arresting people without probable cause & confiscating property willy-nilly. He got so many complaints from decent, law-abiding citizens about their rights being trampled, that he sued the Feds and (like I said) won. The court ruled that the High Sheriff of ANY US county is the HIGHEST LEGAL AUTHORITY in said county.

    Afterward, NO Federal agency may enter Big Horn County without the Sheriff’s permission. Geez, the warrantless searches, arrests without probable cause, and property seizures have just about disappeared in Big Horn County. Further, Sheriff Mattis (face facts, that man’s a hero) has started a movement to educate all US sheriff’s about their DUTY to protect their citizens, and that they have the legal RIGHT & ability to do just that!

    So, ask your county sheriff if he’s aware of this. If he says no, educate him. If he isn’t interested — time to pack your bags and move somewhere where the sheriff DOES care. Like, oh, Big Horn County, Wyoming! Here’s a link to the news article –EVERY US CITIZEN SHOULD BE AWARE OF THIS!!!

    http://earthhopenetwork.net/forum/showthread.php?tid=527

    If that link doesn’t work, just search on Sheriff Mattis vs Federal Government in US District Court (or some such). It’s all over the Internet. U Just have to know where to look.

    The battle’s on folks. Remember, our enemy will NOT give up easily. He WILL NOT just slink off with his tail between his legs. NOPE, he’ll keep coming at us, buying off state governors & legislators, rigging elections to get “their men” into strategic offices (like the sheriff’s office) — SO REMAIN VIGILANT & DON’T GIVE UP! And if your governor, state legislators, sheriffs, etc. won’t fight with you, get rid of them and vote for people who will! Monitor elections closely, and be ready to contest ANYTHING that seems fishy!

  12. I. Moyer

    David Gagin, you go, boy…My hat’s off to the peoples of OK, MT, and TX! Oh, and UT…much as I think Mormons are nuts, at least they’re conservative…mostly.

    btw, I was freaking out about some bill that has been introduced on the Hill…remember that DHS memo? the one that basically branded anyone who is a conservative or ex-military a “right wing extremist”, and, therefore a POTENTIAL terrorist? Well, some idiot just introduced a bill that would give the Feds the right to confiscate the guns of anyone who might be a POTENTIAL terrorist. WTF???

    Anyway, my husband pointed out that in the Idaho Constitution, they cannot do this here unless a crime has been committed with said weapon…phew. And, thankfully, we’ve already passed our “State Sovereignty” resolution here. AND I have contacted our elected officials, asking for an equivalent to the Montana gun law, here in Idaho. Just in case.

    I have contacted my elected officials more times in the last three months than I have in my entire life.

  13. bear

    Right On MT., as far as TX. goes its filled with Nazi’s with badges and guns.Just check yahoo news today May 12th,they shot two in Austin. Also, more illegals then anywhere. How about a mandatory 10 yrs. in prison with hard labor if caught in our country.Then throw them back over the border.

  14. Walt1

    I would hope to shout Idaho and Alaska would photocopy the Montana bill and make it law…but the RINOS are rooting out the conservitives. All of our state officials are poll watchers and afraid of stepping out on a limb. They fear the NEA most of all. I am real tired of polititions voting in the best interest of their power continuum rather than the best interest of the State and Nation. I am done with panzy RINOS. I may have to buy a “compound” in Montana before it is over.

  15. Govt2Big

    Way to go Montana! The liberals have taken over here in Maine, and it looks like this will only get worse in the northeastern USA…perhaps it’s time to move out to your great state?

  16. Oweme1cannoli

    The first thing the ignorant liberals will try to do is “withhold” “highway” funds … or some other equally ridiculous tactic.

  17. Lew

    Way to go Montana. I live in Nevada. I hope Nevada follows their lead.

  18. Lew

    To the guy who tried to mug me:

    I was the guy with the black Burberry jacket that you demanded I hand over, shortly after you pulled the knife on me and my girlfriend. You also asked for my girlfriend’s purse and earrings. I hope you somehow come across this message.. I’d like to apoligize. I didn’t expect you to crap in your pants when I drew my pistol after you took my jacket. Truth is, I was wearing that jacket for a reason that evening, and it wasn’t that cold outside. You see, my girlfriend had just bought me that Kimber Model 1911 45 ACP pistol for Christmas, and we just picked up a shoulder holster for it that evening. Beautiful pistol , eh? It’s a very intimidating weapon when pointed at your head, isn’t it? I know it wasn’t a great deal of fun walking back to wherever you’d come from with that brown sludge flopping about in your pants. I’m sure it was even worse since you also ended up leaving your shoes, cell phone and wallet with me. I couldn’t have you calling up any of your buddies to come help you mug us again. I took the liberty of calling your mother or “Momma” as you had her listed in your cell and explaining to her your situation. I also bought myself and 4 other people in the gas station this morning a tank full of gas on your credit card. The guy with the big motor home took 150 gallons and was sxtremely grateful!I gave your shoes to one of the homeless guys over by Vinnie Van Go Go’s along with all the cash in your walllet. threw the wallet in a fancy pink “Pimp Mobile” parked at the curb after I broke the windshield and side window out and keyed the driver’s side. I called a bunch of phone sex numbers from your cell phone. They’ll be on your bill in case you’d like to know which ones. Ma Bell just shut down the line and I’ve only had the phone for a little over a day now, so I don’t know what’s going on with that. I hope they haven’t permanently shut off your service. I could only get in two threatening calls to the DA’s office and 1 to the FBI with it. The FBI guy was really pissed and we had a long chat.I guess while he traced the number. I would also like to apoligize for not killing you and instead making you walk back home humiliated. I’m hoping that you’ll reconsider your choice of path in life–Next time you might not be so lucky—LOL

  19. Brian Wilcox

    This was sent to me from a former shipmate. He says:
    I can find nothing in Snoops that contradicts this, and I was asked these 3 questions on my last visit to the VA! Tony

    This one is for you Veterans.

    I have never heard of this before, but I thought it was important enough to pass along here.

    ——————————————————————————–

    “I had a doctor’s appointment at the local VA clinic yesterday and found something very interesting I would like to pass along.. While going through triage before seeing the doctor, I was asked at the end of the exam, three questions.

    (1. Did I feel stressed?

    (2. Did I feel threatened?

    (3. Did I feel like doing harm to someone?

    The nurse then informed me, if I had answered yes to any of the questions, I would have lost my concealed carry permit as it would have gone into my medical records and the VA would have reported it to Homeland Security.
    I am a Viet Nam vet and 15 year cc permit holder. Looks like they are going after the Veterans.”

    ——————————————————————————–

    Be forewarned and be aware.

    The Obama administration has gone on record as considering veterans and gun owners as potential terrorists.

    If you are a veteran, you’ve been warned.

    If you know veterans, please pass this on to them.

  20. Do forget to give some credit to Texas!

  21. Zach

    you must all live under a rock. rednecks.

  22. wayne

    Texas is not following Montana. Bill was overturned and removed from the calender. Was told in a e-mail from bill creator that perry was a friend of Montana Gov and would get help from him to do texas if he felt bill was ness.

  23. Thanks for the update Wayne.

  24. Chuck

    Question to Montana Residents:

    Just how many firearms are manufactured in the state? I would bet that most (possibly 90% or more) are manufactured out of state. In my state (Louisiana), nearly 100% of the firearms are manufactured out of state.

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