Replies

justshutupandtakeit:

This will go nowhere since no state can void a federal law. What is in the water there anyway?

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It can per the 10th amendment if that federal law is not constitutional, as in not "made in Pursuance thereof" of the constitution (supremacy clause).

Last I checked there was nothing in the constitution that gave Congress the power to regulate intrastate commerce, of which a domestic gunmaking industry would be.
23 GOPcapitalist

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Ooooh the fabled 10th amendment of lore able to leap tall buildings at a single bound.

There are not 50 interpretations of the constitutions which are valid for legal proceedings or which determine what is or is not "made in Pursuance thereof" and if you believe a corporation can guarantee that is products cannot leave the state of their production then you are a bigger fool than I thought.
States have no legal authority over the Federal government and never did.

25 jsuati

"Ooooh", ---- unable to counter logic, you try to make fun of "the fabled 10th amendment".

Article VI is clear. The Constitution & its Amendments [including the 2nd] is our supreme Law of the Land, [not to be infringed] and federal firearms 'laws' are clearly infringements. Furthermore, ALL officials, Fed/State or local, are bound by oath to support the Constitution as written.

The Montana bill in question would support the 2nd.
The Federal Firearms Act of '33 is a null & void unconstitutional 'law', that the people of Montana have the right to ignore within the boundaries of their State.
-- The Feds can't jail them all.

There is no "right" of a criminal to possess firearms nor one of mentally ill people. Nor of those who would and have picked up arms against the USA. The second and the first are not Absolutes allowing everyone to possess any destructive device or say anything at anytime.

The People of Montana nor those of any other state cannot decide which federal laws are worthy of their acceptance. Such a decision is out of their hands unless the amendment process is followed. Maybe you see some hitherto unknown phrase in the Constitution which says "Oh, any law can be ignored if it fails to pass your personal constitutional litmus test."

Any law believed to be unconstitutional can only be challenged through the courts whether you like it or not.

Just so you know, it's interstate commerce if you use Federal reserve notes to pay for it, or if any part of it crosses any state line.

Don't believe me? You might want to look up some court decisions.