Push For Stronger Gun Laws Having Opposite Effect

By: Bob McNitt

Push for stronger gun laws having opposite effect

We should all realize the common attitudes and views of the various states’ residents and voters can differ, and this is becoming apparent as more states worry over the federal government’s attempts to place increasingly more restrictive laws on firearm ownership by law-abiding citizens. On the heels of the historic Supreme Court ruling last year that the Second Amendment meant U.S. citizens of sound mind and clean records had the right to own firearms, governments, both at state and federal levels, are attempting to creatively circumvent that ruling. But in doing so, they have seemingly opened a Pandora’s Box of challenges and opposite effects.

Recent polls say that a majority of Americans no longer believe that stricter gun laws actually accomplish anything to diminish crime. Daily newspapers across the country are polling readership and finding, in the words of editor-in-chief of the Gallup Poll, Frank Newport "every piece of data is showing us Americans are getting more conservative about gun control."

The State of Montana has now defied the federal government and their gun laws. This will no doubt prompt a showdown between the federal government and the State of Montana. The voters of that state feel that the federal government apparently fears its citizens owning guns since it tries to curtail what types of guns they can own and some feel the gun control and mandatory registration laws all have one common eventual goal – confiscation of all privately owned firearms. Additionally, now the states of Arizona, Idaho, Louisiana, Missouri, Oklahoma, Utah, Washington and Wyoming are considering passing the same Tenth Amendment firearms law as Montana has enacted.

Montana has gone beyond drawing a line in the sand. They have challenged the federal government by passing the "Montana Firearms Freedom Act". The state law, in part, states that “The Tenth amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

“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. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. A firearm manufactured or sold in Montana under [sections 1 through 6] must have the words ‘Made in Montana’ clearly stamped on a central metallic part, such as the receiver or frame.”

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 the federal government has often failed to follow their own laws, especially as written in the constitution, the very document that empowers the federal government is open to legal challenges by individual states.

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