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Montanans Insist on Gun Rights
The Washington Times ^ | February 25, 2008 | Valerie Richardson

Posted on 02/25/2008 3:21:43 PM PST by kellynla

Montana officials are warning that if the Supreme Court rules in the D.C. gun ban case that the right to keep and bear arms protects only state-run militias like the National Guard, then the federal government will have breached Montana's statehood contract.

Nobody is raising flags for the Republic of Montana, but nobody is kidding, either. So far, 39 elected Montana officials have signed a resolution declaring that a court ruling of the Second Amendment is a right of states and not of individuals would violate Montana's compact.

"The U.S. would do well to keep its contractual promise to the states that the Second Amendment secures an individual right now as it did upon execution of the statehood contract," Montana Secretary of State Brad Johnson said in a Feb. 15 letter to The Washington Times.

The resolution also was signed by Rep. Denny Rehberg, Montana's lone Republican congressman, and state Sen. Roy Brown, who is running to unseat Gov. Brian Schweitzer, a Democrat.

The dispute goes back more than a century. Back in 1889, the settlers of the Montana territory struck a deal with the federal government: They agreed to join the union, and the government agreed that individuals had the right to bear arms.

That has worked fine for the past 118 years, but the Supreme Court is expected next month to hear oral argument in District of Columbia v. Heller, the appeal of a federal court decision striking down the District's gun-ownership ban on Second Amendment grounds.

The high court has not issued a broad ruling on Second Amendment law in almost 70 years, including the key question of whether it provides an individual right, like speech and jury trial, or a "collective right" held by state governments.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: Montana
KEYWORDS: banglist; beararms; constitution; guns; heller; montana; mtsos
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1 posted on 02/25/2008 3:21:45 PM PST by kellynla
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To: kellynla

Go Montana!


2 posted on 02/25/2008 3:24:44 PM PST by Resolute Conservative
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To: kellynla; george76

A few days ago someone posted the average Montana household has eight guns.


3 posted on 02/25/2008 3:25:12 PM PST by LucyT
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To: kellynla

The Second Amendment along with the rest of the Bill of Rights, was a necessary precondition for the ratification of the Constitution in the first place, so it’s plausible that abrogation of an individual right to arms would void the Constitution entirely, not just for Montana.


4 posted on 02/25/2008 3:25:55 PM PST by mvpel (Michael Pelletier)
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To: kellynla

Give em hell Montana


5 posted on 02/25/2008 3:27:55 PM PST by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: kellynla

When guns are outlawed

6 posted on 02/25/2008 3:28:07 PM PST by Extremely Extreme Extremist
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To: mvpel

We haven’t seen anything yet. If Obama or Clinton get in, look out. And our side has the guns.


7 posted on 02/25/2008 3:29:20 PM PST by unkus
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To: kellynla

I think the South and the Southwest will follow Montana’s lead on this.


8 posted on 02/25/2008 3:32:35 PM PST by Mogollon (Vote straight GOP for congress....our only protection against Obama-Clinton, or McCain.)
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To: unkus

Oh really? You think McCain has no plans to increase gun restrictions? You think our CURRENT prez wouldn’t sign new gun laws into place?

Think again.


9 posted on 02/25/2008 3:34:39 PM PST by mamelukesabre (Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?)
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To: mamelukesabre

Right.


10 posted on 02/25/2008 3:37:28 PM PST by unkus
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To: kellynla

If the court rules against us you will be amazed at how fast the RATs and LIBs moves take you’re property (guns) without due compensation. Bet on it!!!


11 posted on 02/25/2008 3:38:55 PM PST by Waco
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To: Mogollon

Alabama Constitution states in:

Sec. 26 That every citizen has a right to bear arms in defense of himself
and the state.


12 posted on 02/25/2008 3:40:09 PM PST by silentreignofheroes (I'm Southron,,and I Vote..,..)
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To: LucyT

I believe it. But I’d bet a dollar that at least 75% of those firearms are, for all practical purposes, useless to a militia.

muzzle loaders, antiques, novelties, rimfire rifles and pistols, small guage shotguns, oddball calibers, etc.


13 posted on 02/25/2008 3:41:27 PM PST by mamelukesabre (Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?)
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To: kellynla; Joe Brower
" Montana officials are warning that if the Supreme Court rules in the D.C. gun ban case that the right to keep and bear arms protects only state-run militias like the National Guard, then the federal government will have breached Montana's statehood contract. "

This might be worth keeping in mind.

Now if we can just get one of the southern coastal states to go on record in the same way...

14 posted on 02/25/2008 3:46:54 PM PST by OKSooner
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To: silentreignofheroes

Cool... I just saw your post after I posted.


15 posted on 02/25/2008 3:48:19 PM PST by OKSooner
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To: LucyT

Good. We may need them soon.


16 posted on 02/25/2008 3:48:44 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: mamelukesabre
But I’d bet a dollar that at least 75% of those firearms are, for all practical purposes, useless to a militia.

Well you'd be wrong. The average Montanan doesn't have the income to collect eclectic odd firearms. They own rifles, shotguns and large caliber handguns -- and they use them.

I lived their for four years, and really miss that state.

17 posted on 02/25/2008 3:50:37 PM PST by ElkGroveDan (When you choose the lesser of two evils, you still have evil.)
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To: mamelukesabre

Need I remind you that even an oddball caliber round, if placed in the appropriate place, can change the world?

Or do you think that the 6.5x52mm Carcano was a “mainstream round?”


18 posted on 02/25/2008 3:52:19 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: unkus

I just bought a new bushmaster assault rifle because I really think they will be outlawed again within the next 2 years. I’d like to buy something in 308 caliber too. But I can’t decide what I want...AR10, HK/CETME, or the new FN SCAR heavy.


19 posted on 02/25/2008 3:53:08 PM PST by mamelukesabre (Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?)
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To: ElkGroveDan

Ecclectic odd firearms are acquired from dead relatives. I have plenty of them, and not one of them have I paid for. They all came from dead ancestors.

Well, I take that back, I have one old bolt action rifle in 8mm mauser that I bought. THere are lots of people out there buying old surplus rifles for cheap. And there are lots of people out there that inherited old 303 british rifles from their grandfather, who got it for about fifteen bucks after world war 2.

A 303 british is just about useless. Where are you going to get reliable ammo?


20 posted on 02/25/2008 4:01:21 PM PST by mamelukesabre (Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?)
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