Montana, the land of big skies, also likes big freedom. In the wake of US federal government stupidity, specifically the tactics of the abusive Bureau of Alcohol, Tobacco and Firearms (BATF), Montana passed a law that said all firearms that were manufactured, sold and kept inside the state borders were immune to federal regulations.
The Montana Firearms Freedom Act, in part, reads like this:
Section 4. Prohibitions. 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.
Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation.
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.
What all that means is basically this: Congress has no authority to regulate commerce that takes place solely inside the borders of a state, in this case Montana.
It tells the Feds to piss off, is what it does.
I love it.
What I didn’t know was that seven other states have already passed similar lws, and Texas, Kentucky and South Carolina all have this type of legislation in the works.
According to WorldNetDaily, “… the same way Montana's Firearms Freedom Act got started, and it now is law in Montana, Idaho, Wyoming, South Dakota, Utah, Arizona, Alaska and Tennessee. Another 20 states considered their own plans last year but they were not adopted immediately.”
It was a great start, and now Montana lawmakers are going step further. It’s awesome!
The proposed law, Senate Bill 114 has a really fun title, just in case the feds are being a bit thick. They obviously wanted to make themselves very clear.
"An act regulating arrests, searches, and seizures by federal employees; providing that federal employees must obtain the county sheriff's permission to arrest, search, and seize; providing exceptions; providing for prosecution of federal employees violating this act; rejecting federal laws purporting to give federal employees the authority of a county sheriff in this state; and providing an immediate effective date."
It’s got some really great statements that protect the citizens of Montana from an overzealous federal government, such as:
"A federal employee who is not designated by Montana law as a Montana peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur."
Now, that’s pretty clear, and pretty simple language. If a fed wants to arrest someone inside the State of Montana, they’ve got to get permission from local law enforcement first. If they don’t, Section 3 would apply.
Section 3. Remedies. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and the persons involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved must also be charged with any other applicable criminal offense in Title 45.
I think now I get why my wife has been so adamant about buying property in Montana. The state legislature clearly comprehends personal liberty, and the US Constitution, something Washington Mafia clearly does not.
I think I’ll have to go look at some of those properties she keeps sending me. This time with the intention of seriously following up on them.