[Jubal Harshaw]

(1) The legislation in Montana has died in committee.

(2) Even worse, the legislation in MT seems to have been inspired by the 2003 9th circuit court ruling of Judge Kozinski in US vs. Stewart, in which Kozinski said that federal law could not ban the the posession of machine guns that never left their state of origin. The US (i.e. the Bush Administration) appealed, and the Supremes just after ruling on Raich (where they stated that marijuana possession could be banned even in the absence of interstate commerce)sent the case back to the 9th with the explicit instructions to reconsider in light of Raich. In other words, the Supremes instructed the 9th to find that the mere possession of machine guns, even absent interstate commerce, can be "regulated" by the feds.

All that is a long way of saying that no, it probably would do no good for a state to allow machine guns.

[JCEccles]

The legislation in Montana has died in committee.

Now that you and other like-minded citizens are energized over the Kelo decision, it is time to start calling and faxing your state legislators and governor to demand that the legislation be resurrected, advanced out of committee, voted on, passed, and signed into law.

It can be done. Especially in Montana.