Hooray For Montana's Showdown With The Feds

[Shuftin]

February 23, 2009

HELENA, Montana - Montana lawmakers are betting the words “Made in Montana” might be able to trigger a court showdown with the federal government, while also freeing some gun owners and dealers from background checks and licensing requirements.

Under a proposed law before the state legislature, firearms, weapons components and ammunition made in Montana and kept in Montana would be exempt from federal regulation, potentially releasing some Montanans from national gun registration and licensing laws. The legislation could also free gun purchasers in the state from background checks.

Still, the bill’s proponents say the measure has much bigger prey in its sights. “Firearms are inextricably linked to the history and culture of Montana, and I’d like to support that,” said Republican Rep. Joel Boniek, the bill’s sponsor. “But I want to point out that the issue here is not about firearms. It’s about state’s rights.”

Gun rights and state’s rights both play well in Montana. The state’s leading gun rights organization boasts it has moved 50 bills through the legislature in half as many years, and bills bucking federal control over wolf management, marijuana and wetland protection are also being considered. Unlike these others, though, the “Made in Montana” measure has been intentionally drafted to draw the feds into court.

“The primary purpose is to set up a legal challenge, but also to say we have a lot of really good people in Montana who do the right thing,” said Gary Marbut of the Montana Shooting Sports Association.

Montana gun manufacturers, known for specialty rifles that mirror models used in the 1800s to settle the West, are welcoming the bid for independence. The House has endorsed it with a 64-36 vote, and the Republican-controlled Senate should pass it easily.

State police associations, though, are watching this latest effort to thwart federal regulation with quiet concern. While they are not opposing the measure - a risky political stance in a gun-loving, big-sky, open-space kind of place - they are wondering just when the authorities the bill spurns might take a stand.

“I think the local elected officials I work for would certainly like to hear from the federal agency with responsibility in this area,” said Jim Smith, director of the Montana Sheriffs and Peace Officers Association.

The Bureau of Alcohol, Tobacco, Firearms and Explosives has not offered a position on the bill and did not return calls for comment.

“The bill clearly raises constitutional issues,” said Kevin O’Brien of the State Attorney General’s office. “I think that’s something that both proponents and opponents can agree on.”

http://www.montanapolicy.org/main/news.php?news_id=246