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Montana has exerted its state sovereignty by passing a new gun law that allows it to dodge the Federal government’s Interstate Commerce Law regulating gun control. The state contends that guns manufactured and sold in Montana, and thereby crossing no state lines, are exempt from federal requirements that require conducting background checks, and licensing dealers. The guns would be stamped, “Made in Montana.” The bill passed by the state legislature, was signed into law by Democratic Governor Brian Schweitzer. Utah and Texas are eying the law and could pass similar ones, setting off what could spark a major legal confrontation with the federal government. The result could be a possible overturning of a 1942 Supreme Court decision of Wickard v Filburn, a landmark case that has been invoked to impose federal law over state commerce.
GUEST: Paul Helmke, President of the Brady Campaign to Prevent Gun Violence.
This is a step in the right direction. What part of ” the right of the people to keep and bear arms shall not be infringed” is not understood by the Federal Gov. and the people? One who passes a law abridging this right has commuted a felony under their fiduciary duty to protect and defend the Constitution under which oath they swore.
Obviously stating your bias as usual. For more information, go the the bradycampaign.org? That is like doing a review on healthy fish or chicken dishes then citing http://www.goveg.com/ for more information.
Obviously this is a case of guns rights battles between the states and the federal gov’t. However the bigger picture here is the 10th amendment. This gives states the rights to make their own laws as long as it causes no conflict with federal law. Which we are seeing ever increasing cases of. People wake up!
If more States stood their ground and insisted that the Big “O” government stay out of their affairs it will be a step in the correct direction. The Feds would like to neuter the States’ individual power and control our quality of life and freedom. Is this what we really want?
Goerge’s first sentence is a typical liberal tactic, i.e., immediately dismissing another person and/or their opinion that does not agree with theirs by means of derogatory labeling and name calling. His first sentence strongly implies the other person and/or their opinion is basically inferior to his arrogant, all-knowing superior one. Unfortunately, it is an effective stratagem that often catches thoughtful, intelligent, often conservative people off guard. Check out: http://www.youtube.com/watch?v=70lWtz1QllQ and http://www.angelfire.com/emo2/republican/Manual.htm for effective defenses against such tactics.
Just for a moment if everyone could lay aside their prejudices, opinions, and biases and simply look at the history of mankind we would realize that any weapon of choice is not the problem, but what is in our hearts. What difference is there if a person commits mayhem with a gun, a bow and arrow, a sword, a knife, a baseball bat, an automobile, a bomb, a rock, a stick, or any other tool? The answer of course is that people are the ones to blame. All the examples I mentioned are just inanimate tools. Banning guns will simply mean that law abiding people will not have the ability to defend themselves and their homes, which has been a self-understood right of every civilization since the beginning of time. If a sabre toothed tiger attacked a cave man and his family he had the right to defend himself with the best weapon at hand. The same is true today. If some deranged thug, robber, rapist, murderer, crazed druggie attacks you in your home you have the right to defend yourself with the best weapon at your disposal. Calling 911 means you will have to wait several minutes at best before the police arrive and you may only have seconds to live. What are you going to do?? No, if honest people are required to turn in their guns then we will be like England and Australia who have had massive increases in crime rates after the confiscation. What? You didn’t know that? Well it’s only because our media would rather conceal that news and pursue a radical gun control agenda. Yes, it is quite easy to research these facts. They are available to people who have not shut their minds to the world around them. The reason our founding fathers placed the 2nd amendment to our constitution after the 1st was to guarantee its’ survival and all the others that were to follow. You see, they remembered that the king of England had unsuccessfully tried to confiscate the colonists guns to keep them in submission. Our wise founders knew that for a people to be free they had to be able to defend themselves not only against robbers, murderers etc., but also against their own government if necessary. Again, if you care to research history you will find this to be true. It is quite well documented in numerous places. I obviously don’t know everyone’s emotional involvement in this matter of gun confiscation, but I would suggest that each person examine himself/herself and search their hearts before attempting to take away anyone else’s freedoms. Thank you for unemotionally considering the things I write.
Hats off to Montana, I will buy only guns made in Montana from now on. I wish my chicken poop state of Louisiana had the courage to stand up while there is still a little bit of the United States left to defind.
Thanks for the links I really like the “Manual to Debating”. I made a comment on the youtube vid as well. I am sure I’ll draw plenty of fire from the liberal idiots over it. Below is the comment I posted:
“Liberalism” is simply the combination of elitism and socialism. “Liberals” are not complex. Most liberals have common threads which tie them together: Hatred, ignorance, selfishness, and lying to the point of it being their actual lifestyle. They lie so much they are unaware they lie. This is also known as “living in a fantasy world.”
How else can you explain people who are unable to see reality ~ literally!
I should probably also mention most of them are dumber than a bag of hammers.”
[...] the original post: Montana Defies Federal Government on Gun Laws - uprisingradio.org « Refuse To Be A Victim program: Ready to train new instructors Former Top Rated NRA [...]
You cite Wickard v. Filburn but that case had nothing to do with Soverign immunity under the 11th amendment, of which rules against you in Seminole Tribe v. Florida . And in this case there is not only soverign immunity of the state against citizens of other states as under the 11th Amendment, but also the 2nd Amendment which gives _specific_ limits to Government power. Both of these are explicit. The Commerce clause as it applies in Wickard v. Filburn is irrelevant, because the specific limits on Government power imposed by both the 2nd and 11th amendments trump vague grants under the commerce law; neither of these amendents were of applicable to Wickard v. Filburn.
I am glad some states are fighting our Obama United Socialist States of America. We the people need to stand up to this form of Gov. Our Constitution should be the law and not These Domocratic Devils trying to increase thier own power and way of life.
Write1, you hit the nail on the head… and drove it deep. I’m glad to see I’m not alone in my thinking. We need to stand together at a time like this where our government has begun taking our liberties at will to benifit some agenda so convoluted by politics it’s hard to see who is on the right side. Or even what each side stands for. To the best of my reconing, both Democrat and Republican have turned away from what America really is. I’m starting to understand why each election in recent years we’ve had to make a choice between “the douche bag” and “the turd sandwich”. I want Reagan back! Less government, more America!
Montana may have fired the proverbial first shot of liberty. The federal govt. has, without fail, and with obvious intent(s) overstepped it’s constitutionally granted powers to such an extent that they are, in effect, taking a position that the states are but mere subsidiaries to/of the federal government; forgetting, or perhaps more aptly out, choosing to ingore the fact that it was the states that CREATED the federal(central) governemnt. They, states, could, consitutionally disslove that oppressive gargantuan monster they created. To secede from the Union of 50 states is not unlawful or uncosntitutional, as we would be led to beleive; led to beleive BY the federal government. It is a right of the state(s) to do so; a right which was understood by them prior to the Uncivil War, but seemingly forgotten. it is about time that the states stopped being geldings and spoke for their citizens and stood up to the feds. as Montana has done.
The MATRIX, people are being awakened one state at a time. The federal government has taken as much power as they have been allowed to, nobody has told them NO thus far. They will continue until told / made to STOP.
They need to be put back in their place, where WE the People have them mentioned in the 10th…
I live in Nevada. I hope Nevada follows Montana’s lead. All those gun laws the feds pased should be overturned. When I was younger, you could order them through the mail.
I hope more states, like Colorado where I live, will do the same. This is a great move. There is no reason it shouldn’t be legal. The government has been using the interstate commerce clause for way too many things. They think it gives them authority over everything. It’s time to put the federal government on notice that it has to abide by the constitution and not infringe on state rights. Montana should be able to produce it’s own guns without the ATF’s approval.
Montana has gone too far in this case. Sure, we have the right to bear arms, but do we really need a silencer? What good could it possibly bring to the average gun-owning citizen? It may help a murderer, and make it harder for police to do their job, but other than that no. The constitution clearly protects our right to have guns, but Montana is overdoing it.
Robert,
The silencer is used for shooting target practace and hunting without disturbing neighbors or animals. That was it’s original intent. It does not work as well on hand guns.
I live in Montana and I must say, we Montanans aren’t going to lay on our backs and let the Government screw us over! If you ever want to see some real patriots come to our Rodeos.
Those of you who want to move over here, come on over! We have more than enough room!
The point is the people of the state of Montana are supposed to the ones deciding on those questions for themselves, not the federal gov.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
If you want the federal gov to do it, you will need to amend the constitution.
stay down Montana i hope Texas follows…people always seem to conveniently forget this country was founded in revolution, WELL DOCUMENTED HISTORY FOLKS thank you Lord for deliverance from tyranny…
Benjamin Franklin once said democracys is two wolves and a lamb voting on what to have for dinner. Liberty, he said is a well armed lamb contesting the vote. Its time for we the people to stand up to goverment, it has lost its way. Its time for we, the people to stand up and say enough! One nation under god forever armed to protect our soverenty from those who would take it away. God bless America and keep us all free. Way to go Montana. I am coming soon.
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Brett on 11 May 2009 at 10:39 am: 1
This is a step in the right direction. What part of ” the right of the people to keep and bear arms shall not be infringed” is not understood by the Federal Gov. and the people? One who passes a law abridging this right has commuted a felony under their fiduciary duty to protect and defend the Constitution under which oath they swore.
Goerge on 11 May 2009 at 11:00 am: 2
Obviously stating your bias as usual. For more information, go the the bradycampaign.org? That is like doing a review on healthy fish or chicken dishes then citing http://www.goveg.com/ for more information.
hongshen on 11 May 2009 at 2:10 pm: 3
I’m going to move to Montana.
The main purpose of gun is to shoot government when it became tyranny.
Joe on 11 May 2009 at 3:00 pm: 4
Obviously this is a case of guns rights battles between the states and the federal gov’t. However the bigger picture here is the 10th amendment. This gives states the rights to make their own laws as long as it causes no conflict with federal law. Which we are seeing ever increasing cases of. People wake up!
Bob on 11 May 2009 at 3:19 pm: 5
If more States stood their ground and insisted that the Big “O” government stay out of their affairs it will be a step in the correct direction. The Feds would like to neuter the States’ individual power and control our quality of life and freedom. Is this what we really want?
Blaze on 11 May 2009 at 4:39 pm: 6
Dang… Montana keeps it up, I might just move there.
Steve on 11 May 2009 at 5:16 pm: 7
Goerge’s first sentence is a typical liberal tactic, i.e., immediately dismissing another person and/or their opinion that does not agree with theirs by means of derogatory labeling and name calling. His first sentence strongly implies the other person and/or their opinion is basically inferior to his arrogant, all-knowing superior one. Unfortunately, it is an effective stratagem that often catches thoughtful, intelligent, often conservative people off guard. Check out: http://www.youtube.com/watch?v=70lWtz1QllQ and http://www.angelfire.com/emo2/republican/Manual.htm for effective defenses against such tactics.
James Lewis on 11 May 2009 at 8:14 pm: 8
Montana, a truly American state.
write1 on 11 May 2009 at 11:08 pm: 9
Just for a moment if everyone could lay aside their prejudices, opinions, and biases and simply look at the history of mankind we would realize that any weapon of choice is not the problem, but what is in our hearts. What difference is there if a person commits mayhem with a gun, a bow and arrow, a sword, a knife, a baseball bat, an automobile, a bomb, a rock, a stick, or any other tool? The answer of course is that people are the ones to blame. All the examples I mentioned are just inanimate tools. Banning guns will simply mean that law abiding people will not have the ability to defend themselves and their homes, which has been a self-understood right of every civilization since the beginning of time. If a sabre toothed tiger attacked a cave man and his family he had the right to defend himself with the best weapon at hand. The same is true today. If some deranged thug, robber, rapist, murderer, crazed druggie attacks you in your home you have the right to defend yourself with the best weapon at your disposal. Calling 911 means you will have to wait several minutes at best before the police arrive and you may only have seconds to live. What are you going to do?? No, if honest people are required to turn in their guns then we will be like England and Australia who have had massive increases in crime rates after the confiscation. What? You didn’t know that? Well it’s only because our media would rather conceal that news and pursue a radical gun control agenda. Yes, it is quite easy to research these facts. They are available to people who have not shut their minds to the world around them. The reason our founding fathers placed the 2nd amendment to our constitution after the 1st was to guarantee its’ survival and all the others that were to follow. You see, they remembered that the king of England had unsuccessfully tried to confiscate the colonists guns to keep them in submission. Our wise founders knew that for a people to be free they had to be able to defend themselves not only against robbers, murderers etc., but also against their own government if necessary. Again, if you care to research history you will find this to be true. It is quite well documented in numerous places. I obviously don’t know everyone’s emotional involvement in this matter of gun confiscation, but I would suggest that each person examine himself/herself and search their hearts before attempting to take away anyone else’s freedoms. Thank you for unemotionally considering the things I write.
Dan on 12 May 2009 at 7:09 am: 10
Brett I agree with you but you need to look up the words ‘commuted’ and ‘fiduciary’.
Alvin on 12 May 2009 at 7:50 am: 11
bradycampaign.org. Whatever. I guess you think flies cause garbage, too.
Dan R Brouillette on 12 May 2009 at 8:36 am: 12
Hats off to Montana, I will buy only guns made in Montana from now on. I wish my chicken poop state of Louisiana had the courage to stand up while there is still a little bit of the United States left to defind.
Kevin in Texas on 12 May 2009 at 11:15 am: 13
Steve (#7)
Thanks for the links I really like the “Manual to Debating”. I made a comment on the youtube vid as well. I am sure I’ll draw plenty of fire from the liberal idiots over it. Below is the comment I posted:
“Liberalism” is simply the combination of elitism and socialism. “Liberals” are not complex. Most liberals have common threads which tie them together: Hatred, ignorance, selfishness, and lying to the point of it being their actual lifestyle. They lie so much they are unaware they lie. This is also known as “living in a fantasy world.”
How else can you explain people who are unable to see reality ~ literally!
I should probably also mention most of them are dumber than a bag of hammers.”
Danny Waddell on 12 May 2009 at 12:20 pm: 14
If a person commits murder with a fork,do we outlaw forks?
Montana Defies Federal Government on bGun/b Laws - uprisingradio.org « Gun Rights Debate on 12 May 2009 at 1:27 pm: 15
[...] Original post: Montana Defies Federal Government on bGun/b Laws - uprisingradio.org [...]
Montana Defies Federal Government on Gun Laws - uprisingradio.org | Gun Rights Debate on 12 May 2009 at 4:04 pm: 16
[...] the original post: Montana Defies Federal Government on Gun Laws - uprisingradio.org « Refuse To Be A Victim program: Ready to train new instructors Former Top Rated NRA [...]
Shawn on 12 May 2009 at 5:34 pm: 17
You cite Wickard v. Filburn but that case had nothing to do with Soverign immunity under the 11th amendment, of which rules against you in Seminole Tribe v. Florida . And in this case there is not only soverign immunity of the state against citizens of other states as under the 11th Amendment, but also the 2nd Amendment which gives _specific_ limits to Government power. Both of these are explicit. The Commerce clause as it applies in Wickard v. Filburn is irrelevant, because the specific limits on Government power imposed by both the 2nd and 11th amendments trump vague grants under the commerce law; neither of these amendents were of applicable to Wickard v. Filburn.
Phillip S on 13 May 2009 at 7:06 am: 18
I am glad some states are fighting our Obama United Socialist States of America. We the people need to stand up to this form of Gov. Our Constitution should be the law and not These Domocratic Devils trying to increase thier own power and way of life.
Marc K. US Army on 13 May 2009 at 8:21 am: 19
Write1, you hit the nail on the head… and drove it deep. I’m glad to see I’m not alone in my thinking. We need to stand together at a time like this where our government has begun taking our liberties at will to benifit some agenda so convoluted by politics it’s hard to see who is on the right side. Or even what each side stands for. To the best of my reconing, both Democrat and Republican have turned away from what America really is. I’m starting to understand why each election in recent years we’ve had to make a choice between “the douche bag” and “the turd sandwich”. I want Reagan back! Less government, more America!
Richard on 13 May 2009 at 11:53 am: 20
Montana may have fired the proverbial first shot of liberty. The federal govt. has, without fail, and with obvious intent(s) overstepped it’s constitutionally granted powers to such an extent that they are, in effect, taking a position that the states are but mere subsidiaries to/of the federal government; forgetting, or perhaps more aptly out, choosing to ingore the fact that it was the states that CREATED the federal(central) governemnt. They, states, could, consitutionally disslove that oppressive gargantuan monster they created. To secede from the Union of 50 states is not unlawful or uncosntitutional, as we would be led to beleive; led to beleive BY the federal government. It is a right of the state(s) to do so; a right which was understood by them prior to the Uncivil War, but seemingly forgotten. it is about time that the states stopped being geldings and spoke for their citizens and stood up to the feds. as Montana has done.
Smitty55 on 16 May 2009 at 7:33 am: 21
The MATRIX, people are being awakened one state at a time. The federal government has taken as much power as they have been allowed to, nobody has told them NO thus far. They will continue until told / made to STOP.
They need to be put back in their place, where WE the People have them mentioned in the 10th…
Luther on 18 May 2009 at 8:00 pm: 22
Way to go Monatana!
Lew on 23 May 2009 at 3:58 pm: 23
I live in Nevada. I hope Nevada follows Montana’s lead. All those gun laws the feds pased should be overturned. When I was younger, you could order them through the mail.
David on 24 May 2009 at 10:41 pm: 24
Let’s see Obama go after guns and not California pot. This legislation is truly brilliant. It forces the libs to show their true colors.
lew89060 on 25 May 2009 at 5:56 am: 25
I live in Nevada. I hope they follow Montana’s lead. Right on Montana!!
DaveS. on 26 May 2009 at 1:00 pm: 26
I hope more states, like Colorado where I live, will do the same. This is a great move. There is no reason it shouldn’t be legal. The government has been using the interstate commerce clause for way too many things. They think it gives them authority over everything. It’s time to put the federal government on notice that it has to abide by the constitution and not infringe on state rights. Montana should be able to produce it’s own guns without the ATF’s approval.
Robert on 26 May 2009 at 3:16 pm: 27
Montana has gone too far in this case. Sure, we have the right to bear arms, but do we really need a silencer? What good could it possibly bring to the average gun-owning citizen? It may help a murderer, and make it harder for police to do their job, but other than that no. The constitution clearly protects our right to have guns, but Montana is overdoing it.
lodenver on 28 May 2009 at 12:56 pm: 28
Robert,
The silencer is used for shooting target practace and hunting without disturbing neighbors or animals. That was it’s original intent. It does not work as well on hand guns.
Sara on 7 Jun 2009 at 12:31 am: 29
I live in Montana and I must say, we Montanans aren’t going to lay on our backs and let the Government screw us over! If you ever want to see some real patriots come to our Rodeos.
Those of you who want to move over here, come on over! We have more than enough room!
Daniel on 16 Jun 2009 at 11:38 pm: 30
Robert,
The point is the people of the state of Montana are supposed to the ones deciding on those questions for themselves, not the federal gov.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
If you want the federal gov to do it, you will need to amend the constitution.
jacob on 7 Oct 2009 at 11:58 am: 31
stay down Montana i hope Texas follows…people always seem to conveniently forget this country was founded in revolution, WELL DOCUMENTED HISTORY FOLKS thank you Lord for deliverance from tyranny…
gerry on 8 Oct 2009 at 5:43 pm: 32
Montana keep kickn dat a..!!! more power to you!!!
robert mcloughry on 3 Apr 2010 at 10:22 pm: 33
Benjamin Franklin once said democracys is two wolves and a lamb voting on what to have for dinner. Liberty, he said is a well armed lamb contesting the vote. Its time for we the people to stand up to goverment, it has lost its way. Its time for we, the people to stand up and say enough! One nation under god forever armed to protect our soverenty from those who would take it away. God bless America and keep us all free. Way to go Montana. I am coming soon.