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Archived Story 
House shoots down federal gun controls
Posted on Feb. 14
By KAHRIN DEINES of the Associated Press


HELENA (AP) - Montana lawmakers fired another shot in battles for states’ rights 
as they supported letting some Montana gun owners and dealers skip reporting 
their transactions to the federal government.

Under House Bill 246, firearms made in Montana and used in Montana would be 
exempt from federal regulation. The same would be true for firearm accessories 
and ammunition made and sold in the state.

“What we need here is for Montana to be able to handle Montana’s business and 
affairs,” Republican Rep. Joel Boniek told fellow lawmakers Saturday. The 
wilderness guide from Livingston defeated Republican incumbent Bruce Malcolm in 
last spring’s election.

Boniek’s measure aims to circumvent federal authority over interstate commerce, 
which is the legal basis for most gun regulation in the United States. The bill 
potentially could release Montanans from both federal gun registration 
requirements and dealership licensing rules. Since the state has no 
background-check laws on its own books, the legislation also could free gun 
purchasers from that requirement.

“Firearms are inextricably linked to the history and culture of Montana, and I’d 
like to support that,” Boniek said. “But I want to point out that the issue here 
is not about firearms. It’s about state rights.”

The House voted 64-36 for the bill on Saturday. If it clears a final vote, the 
measure will go to the Senate.

House Republicans were joined by 14 Democrats in passing the measure.

“I would hope that our U.S. Supreme Court would begin to retreat from what I 
think is an abusive interpretation of our interstate commerce clause,” said Rep. 
Deborah Kottel, a Democrat from Great Falls who supports the measure.

That clause in the U.S. Constitution grants Congress authority to regulate 
commerce with foreign nations, and among the states. The Supreme Court has 
handled cases seeking to limit the clause’s application in recent years. In 
2005, the court upheld federal authority to regulate marijuana under the clause, 
even when its use is limited to noncommercial purposes n such as medical reasons 
n and it is grown and used within a state’s borders.

The Montana bill follows fears here and elsewhere that the election of Barack 
Obama as president will trigger more gun regulation. In the months before 
Obama’s inauguration, Montanans rushed to stock up on guns, pushing gun sales 
beyond normal benchmarks despite the recession.

Opponents of the measure worry lax regulations in the state could lead to a 
similar surge in both gun sales and gun manufacturing.

“Who are we bringing in and is this the kind of business we want to have in this 
state?” asked Rep. Sue Malek, D-Missoula. “I want our state to be recognized as 
a state that cares about people, and that cares about the environment.”

The bill is one of a number the Legislature is considering that may extend gun 
rights in Montana.

Earlier in the week, the House passed another measure, HB228, that would let 
Montanans carry concealed weapons in city limits without having permits.

On Saturday the House Judiciary Committee narrowly passed a resolution that 
affirms Montanans’ right to carry weapons in national parks and wildlife 
refuges. 

       


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Gary Prevost wrote on Feb 14, 2009 10:48 PM:
" Thank God their are still some law makers in this country that are courageous 
enough to stand up and fight for what is right. My hat goes off to guys like 
Rep. Joel Boniek who firmly believes and understands what is really important to 
the people in Montana and elsewhere to stop the erosion of our rights as 
citizens of this land. Thank you Gary "


Tom Cox wrote on Feb 15, 2009 9:14 AM:
" "Opponents of the measure worry lax regulations in the state could lead to a 
similar surge in both gun sales and gun manufacturing." So are these "opponents" 
against anything else that enhances the economy and creates jobs? "


John wrote on Feb 15, 2009 10:48 AM:
" “Who are we bringing in and is this the kind of business we want to have in 
this state?” asked Rep. Sue Malek, D-Missoula. “I want our state to be 
recognized as a state that cares about people, and that cares about the 
environment.”

By comparison to Chicago manufacturing, Washington, DC, and New York bankers, 
the gun manufacturing businesses have far less criminals. That's who you will be 
attracting.

I may move to Montana. I haven't even had a traffic ticket in 45 years. "


Jon Sacks wrote on Feb 15, 2009 11:54 AM:
" I'd like to take a second and applaud Montana for standing up for state's 
rights, the 2nd Amendment, and citizens in general. Nice to see a state standing 
up for the spirit of America and what is right. "


don whitcraft wrote on Feb 15, 2009 4:40 PM:
" it's mostly the new commers moving into this state that are trying to change 
the laws to where they just moved from. most all the californian's. they move 
here because it's different yet, when they get here they try to change the laws 
to just like they are in california. "


txmudmonkey wrote on Feb 15, 2009 6:09 PM:
" ..........they move here because it's different, yet, when they get here they 
try to change the laws to just like they are in california."...........

Kalifornia is a disease that is now infecting healthy states. 
We have to stop them before it is too late! Those people are crazy. "


Russ Hobbs wrote on Feb 15, 2009 7:15 PM:
" I only wish the limp wrist state of Washington had this kind of pride. 
Washington state's absolutely disgusting. No honor among thieve here. "


chuck wrote on Feb 16, 2009 8:36 AM:
" we need to find out who voted for the measure or sponcered this stupied bill 
an get voted out! "


AK wrote on Feb 16, 2009 1:40 PM:
" Hey Chuck--you really should go back to Kali where you'll feel more comfy. But 
if you do, given the state of schools there, you'll never learn the correct way 
to spell "stupid" or "sponsored." "


Melvin wrote on Feb 16, 2009 1:41 PM:
" Don Witcraft summed it up. Being born and raised in Oregon I saw first hand 
when Californians invaded the Northwest during the dot-com boom with their 
stupid politics. "


Walt wrote on Feb 16, 2009 2:36 PM:
" chuck: You weren't clear in your post. I hope you meant to say "vote out those 
who opposed your rights". "


kim kohl wrote on Feb 16, 2009 3:56 PM:
" God's Country! How sweet, the Montana State Republic is standing up to the 
jack-boot fascists in AC/DC! Thank God for men and women with guts. Down here in 
Texas, we need some people like you in our state legislature. We've prided 
ourselves on being a gun state (and we are) but you Montana folks have raised 
the standard! SAy goodbye 'Gun Control Act of 1968'. Say bye to National 
Firearms Act (fascist FDR 'New Deal' rubbish!) Texas, listen up! "


ruckus wrote on Feb 16, 2009 6:17 PM:
" Montana is doing the right thing buy keeping federal bureaucrats out of their 
affairs. In washington once elected the politicians sells out to special 
interest for monetary gain and ignores the people who elected them. its so odd 
that the us constitution supports the second amendment as an individual right 
but socialist democrats want to control people and take that right away. This is 
what they do in communist countries. Oh yeah, they also take god away. many of 
the democrats in the US congress outside of any true blue dog democrat will 
typically embrace homosexuality and other lewd behaviors and want to protect 
that discusting behavior. But that behaviors kills more then any gun ever did. 
Just look at africa and all of the parentless children. The government needs to 
protect us from people who carry aids like many a homosexual. its just not 
right. Montana is a beautiful state. The rockies are awesome. God blessed that 
state with leaders who embrace the US constitution. The framers of the 
constitution were men of god. Its also true that the interstate commerce act 
applies to interstate commerce only and if you build it all in your state then 
the feds can take a hike. "


Mike wrote on Feb 16, 2009 6:28 PM:
" Kalipornia isn't the only state with socialist leanings. Here in Michigan we 
even have a Canadian governor, Jennifer Taxholm. My family would love to move to 
a free state like Montana or Wyoming and help defend the rights of the people 
before they, too, fall victim to liberal insanity. KEEP FIGHTING!!!!!! "


mike wrote on Feb 16, 2009 6:42 PM:
" Try living here in Colorado with those idiots from California. They are 
destroying this state piece by piece! I'm a Native Coloradoan and I'm very proud 
of Montanan's for making such a stand! I just may have to move there. Obviously, 
I can pretty much Predict just how this state's gonna stand and I'm not Proud of 
My State! I hope there is going to be a serious outcry over all of this garbage! 
"


Butch Bickler wrote on Feb 16, 2009 6:57 PM:
" I'm glad both republicans and democrats of this great state can see through 
the political "smoke screen" the people in Washington DC are putting up and 
making the RIGHT decision. This is why Montana is "The Last Best Place" "


ralpherus wrote on Feb 16, 2009 7:49 PM:
" The dems and their evil traitor gun control- ugh! Disarming innocent Americans 
is murder inctiement. The dems are narcissistic sociopathic vermin.... Good Luck 
Montana! i will be moving up if you can pull it off without the powertripping 
evil ones trying to punish you all violently... "


Matthew wrote on Feb 16, 2009 8:46 PM:
" I'm in Florida and here guns are a serous no-no. Concealed carry is allowed, 
but "patterning" is a big issue (Patterning is where you can tell, even 
marginally, that you have a weapon, a crime here). We now have a castle 
doctrine, and employers cannot search our cars as a requirement for employment, 
or fire us if they hear we have a gun. But we have a long way to go to even out 
the playing field.

As Obama gains power, even as he is trying to do now - taking over the census 
bureau - payments to ACORN through the Stimulus bill, and installing anti gun 
people in his cabinet - it is no longer possible for an individual to oppose him 
or his plans (He favors both a nationwide concealed weapons ban and the anti 
assault weapon ban). As I was saying, it is already impossible to oppose the 
federal government, but it might still be marginally possible to oppose them if 
the entire state backs the opposition. Sadly and happily, I see Montana doing 
this and it makes my heart soar!

Geep up the great work. Write if you need help. "


Richard Denning wrote on Feb 16, 2009 9:12 PM:
" The best way to defeat the poorly educated knee-jerk anti-gunners is to show 
the economic surge recently enjoyed by the semi-auto manufacturers, these 
companies are doing better than any other in the country. By outlawing these 
guns we ruin families, take food directly from babies mouths and strip vital tax 
revenue and opportunity from cities like St. Cloud, MN (DPMS), Boulder, CO 
(Magpul Ind.) and Colona, IL (Rock River Arms), in such dire economic times 
anyone that would destroy such a strong industry should be construed as a 
domestic terrorist including our leaders. "


Ed Calhoun wrote on Feb 16, 2009 10:25 PM:
" My hats off to you folks in Montana, and Rep. Boniek. I wish we had more like 
you in the Lone Star State. The feds, and pres. B.O. need to understand that 
they need to leave the laws to the states, AND STOP SPENDING OUR MONEY ON LAWS 
WE DON'T WANT, AND THE CRIMINALS WON'T FOLLOW. You folks keep up the good 
work,and enjoy your inalienable rights. "


Andy Dufrane wrote on Feb 16, 2009 11:25 PM:
" I applaud the state legislators in Montana for having the gumption to take on 
issues clearly understood by the growing minority in this country (and I say 
country- not your state), the citizens of Montana obviously are hiring good 
employees. Montana is fast becoming the last state that seems to understand the 
necessity of strong states rights to protect freedoms. Tell the fascist in 
Washington to take a hike! "


Andy Dufrane wrote on Feb 16, 2009 11:34 PM:
" txmudmonkey-
"
Kalifornia is a disease that is now infecting healthy states.
We have to stop them before it is too late! Those people are crazy. "

------You are absolutely right Kalifornia is infecting other states! In Austin, 
Texas there is a police chief newly appointed from California, and he is now 
pushing to have DNA taken from everyone who is simply arrested (not convicted) 
of the most minor misdemeanors. He wants random road block police check points 
(so called DWI checks) can you say- YOUR PAPERS< GET OUT YOUR PAPERS, just like 
good nazis, and he wants to arrest people who are driving without their wallets 
(D.L.) who refuse to give their finger prints on the side of the road with 
portable finger print scanners. Kalifornia is a disease. "


Tim wrote on Feb 16, 2009 11:35 PM:
" Go Montana, hopefully a call for states rights will sweep the nation and limit 
the federal government on state issues. Of course the federal government will 
try to make Montana pay by with holding fed money. Get ready for it. "


David wrote on Feb 17, 2009 1:19 AM:
" Wow Chuck, not only do you need to return to school so you can learn how to 
spell but also how to put together a sentence! Score one more dumbed down person 
from the state of kalifornia. Thank GOD there are still some patriots out there, 
GOD bless Montana. David, Las Vegas Nevada. "


Marie wrote on Feb 17, 2009 7:34 AM:
" Bless Montana and her fierce independence. I knew that I made the right 
decision to move here all those years ago. And all of you out-of-staters 
praising Montana and comdemning Dems, do your research. We are a democrat state, 
i.e. both senators and our governor. You won't find stronger proponents of 
states rights and gun ownership then them. Being a democrat doesn't 
automatically mean that you are pro gun control. In Montana national political 
sterotypes don't apply. "


dlyn454 wrote on Feb 17, 2009 7:50 AM:
" God Bless Montana! What are you feeding your politicians up there and can you 
export it ! "


Ed Silverman wrote on Feb 17, 2009 8:39 AM:
" I am a small business man and have been considering moving my business to 
Montana, or at least the manufacturing portion of my business. Rep. Sue Malek, 
D-Missoula, you need not worry I come with capital, jobs and the entrepreneurial 
sprit. "


Jeff Tardif wrote on Feb 17, 2009 9:24 AM:
" Bravo Montana! This is great. The time has come for the states to get back 
their rightful power to rule themselves. The Feds have got to be reigned in and 
this is a great beginning. "


XD-Tke wrote on Feb 17, 2009 10:17 AM:
" You guys are making those of us in the great state of TX feel left out.
Maybe our State Officials will step up along side Montana help make this 
statement more significant. "


Paul Lee wrote on Feb 17, 2009 10:24 AM:
" Another positive point for Montana is that just before the U.S. Supreme Court 
ruled on Heller v Dist.of Columbia they stated that they would not be bound by a 
ruling against lawful handgun ownership. "


Beth Marden wrote on Feb 17, 2009 10:25 AM:
" " it's mostly the new comers moving into this state that are trying to change 
the laws to where they just moved from. most all the Californian's. they move 
here because it's different yet, when they get here they try to change the laws 
to just like they are in California. "

Kalifornia is a disease that is now infecting healthy states. We have to stop 
them before it is too late! Those people are crazy. "

Being from the PRK (People's Republic of Kalifornia), I agree! I am so glad to 
see the government in other states standing up for the rights of their citizens 
and states. But please don't judge all Californian's by these "crazy people". 
There are those of us who are still RIGHT thinkers and who are fighting for our 
rights, trying to make a difference and take our state back. "


David R. Holloway wrote on Feb 17, 2009 10:35 AM:
" I just read HB 228 and found no reference to Montanans carrying concealed 
within city limits with no permit??? "


Michael wrote on Feb 17, 2009 10:52 AM:
" I am so proud of my state, I could bust.
It was a knockdown, drag out fight all the way, but we won. 
Will it stand?
Of course not.
Obama's fascists in DC and the cult members in this state are already tooling up 
to defeat it.
But we won a battle against the tyranny of the cities. "


Paul T. wrote on Feb 17, 2009 12:26 PM:
" Finally, the States are beginning to "GET IT". We need to limit the Federal 
Goverment to their responsibilities as dictated by the Constitution otherwise 
they will have us BROKE and without any way to defend ourselves....Bravo 
Montana!!!! Would someone PLEASE speak to our Texas Governor Rick Perry about 
this "


Brian wrote on Feb 17, 2009 1:09 PM:
" Hey Michael,
Don't let the incompetent morons in dc destroy this. The idiots we have all 
elected have decided they run the asylum and all of us must watch and obey. 
These people could not lead themselves out of public restroom let alone through 
these troublesome times. If you do not already belong, join the NRA and any 
organization which is willing to say "enough" to these overeducated, common 
sense deprived, socialist want to be's in our Nations capital. "


randy bauer wrote on Feb 17, 2009 2:04 PM:
" It's about time that legislators defended their own states rights from 
intrusive federal government regs. I can only hope that my own state (ohio) has 
such courageous men at the bat. "


Alan wrote on Feb 17, 2009 2:14 PM:
" I hope this rubs off onto other states!

Glad SOMEBODY hasn't forgotten what the USA is about. "


Stacy wrote on Feb 17, 2009 2:57 PM:
" Thank God for courageous men in Montana. Thank God for these courageous 
legislators who are doing this for the RIGHT reasons: i.e. protecting the 2nd 
amendment and revolting against the supreme court's very evil and tyrannical and 
ILLEGAL interpretation of the interstate commerce clause.

We should all be contacting our state legislators whether we live in Montana or 
not, and encouraging them to do the right thing. This fire for liberty needs to 
catch on or we will lose more of our liberties. We cannot wait until the 
"patriot" acts start to be abused more before we rise up and assert state's 
rights. Now is the time for courage. 

By the way, I'm in disbelief of the nonsense from that woman in the Montana 
legislature who essentially admitted that she is anti gun, anti manufacturing, 
anti free market, and that she likes to change the subject and talk about, well 
I will quote her garbage so you can see it again for yourself:

"Rep. Sue Malek, D-Missoula. “I want our state to be recognized as a state that 
cares about people, and that cares about the environment.”

Um sue, thank you for demonstrating WHY you do not belong in the legislature. 
Protecting our liberties IS "caring about people." What does the "environment" 
have to do with this? Wow she is clueless AND dangerous. "


Al wrote on Feb 17, 2009 3:14 PM:
" Good for you Montana lawmakers standing up for your constituents. The time has 
come for people to regain their rights. I think I'll retire in Montana instead 
of the nanny state I now live in. "


TexasFred wrote on Feb 17, 2009 3:39 PM:
" My wife has been talking about moving to Montana for a long time now.. We may 
have to consider it seriously! "


CharlesP wrote on Feb 17, 2009 3:43 PM:
" I see this as a great move for Montana.
WHY?
The feds have PROVEN that they will NOT regulate and arrest criminals, such as 
all of the wall street/bankers who created this recession by robbing their 
companies blind!!!
Feds will NOT tax Hollyweirdos, as they REFUSED to audit any who did not pay 
taxes on HUNDREDS OF THOUSANDS OF DOLLARS income from "gift bags", for over a 
decade!!!
Montana, and any state with ethics, should take the task of keeping its citizens 
safe, with common sense laws. "


Peter Courtenay Stephens wrote on Feb 17, 2009 4:30 PM:
" Stick to your guns people, pun intended, and don't let the bas-ard- in 
Washington come up for air. "


Tony wrote on Feb 17, 2009 5:01 PM:
" Im a Kalifornian that moved out and now live in Wyoming. I am pushing our 
state legislature's to make a similar law that Montana just passed. I have never 
realized how involved I need to be in order to help keep our countries freedoms. 
We are living in a whole new world that scares me for my childrens future. We 
have to get away from the new socialist federal government that the "majority" 
voted in. 
God save us and our children from a corrupt government! "


Andy Careaga wrote on Feb 17, 2009 5:53 PM:
" Way to go Montana! I am impressed and hope to see other states follow your 
example! Finally, some lawmakers with backbone and no reading problems. "





 
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