Posted on 01/23/2021 5:38:06 AM PST by marktwain
The Montana House of Representatives has passed major gun law legislation, HB102, by more than a 2-1 margin, 66 for, 31 against.
The bill is the accumulation of a decade and a half of struggle against Democrat Governors, who have repeatedly vetoed reform legislation passed with large majorities in the legislature. Numerous sections in the bill show the Montana legislature has learned the lesson from other states as they restore the right to keep and bear arms.
Link to the text of Montana bill HB102 at mt.gov.
HB102 is a general revision of Montana gun law. Numerous Montana statutes are revised, and new sections are added.Here are the major points of HB102:
NEW SECTION. Section 1. Purpose. The purpose of [sections 1 through11] is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their fundamental right to defend themselves and others.
NEW SECTION. Section 2. Legislative intent. It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution, and to further establish that the right to defense of a person’s life, liberty, or property is a fundamental right.
(Excerpt) Read more at ammoland.com ...
That is over on third of the states will have Constitutional Carry.
It seems possible to reach 30 Constitutional Carry states with existing state legislatures.
Well, lets see, making a decision to move to Montana in 4..3...2...1...
In my state you have to know someone to get an LTC.
We need Texas to become a Constitutional Carry State, if it sincerely wants to be a 2nd Amendment Sanctuary.
Why were Montanans voting for DemocRAT governors?
Actually, some Texas Senators/Representatives are looking to take it even further...
SJR 24 by Senator Bob Hall: Constitutional Carry through Constitutional Amendment
This piece of legislation proposes to amend the Texas Constitution by adding that the Legislature “may not require a citizen of this state to obtain a license or permit to wear arms.” It would nullify the current statutory requirement to have an LTC to carry a handgun. In order to amend the Constitution, the House and the Senate must approve the language by a 2/3 majority, and Texas voters must approve a related ballot proposition by a majority vote in the following November election.
HB 1238 by Representative Kyle Biedermann: Constitutional Carry
This bill would repeal the requirement to obtain a permit to carry a handgun, providing that anyone who is legally able to purchase a handgun (under Federal and state law) may carry it, open or concealed, without a permit, in the same places where a license holder can now carry a handgun. The exception is that no one can use this law to lawfully carry a handgun while committing any crime other than a Class C traffic misdemeanor.
“Made in Texas”
HB 915 by Rep. Matt Krause would declare that firearms and ammunition manufactured in Texas from Texas parts, and sold in Texas, are not subject to Federal regulations.
Suppressor Freedom
HB 957 by Rep. Tom Oliverson would declare that firearm suppressors manufactured in Texas from Texas parts, and sold in Texas (“Made in Texas” suppressors), are not subject to Federal regulations.
Anti-”Red Flag” Law
HB 336 by Rep. Briscoe Cain would keep Texas out of any Federal Red Flag scheme and would prohibit any entity in this state from enforcing a “Red Flag” gun confiscation law not enacted by our state legislature.
HB 26 by Rep. Valoree Swanson; HB 340 by Rep. Briscoe Cain –These bills would repeal the Governor’s powers to regulate or control the sale, transportation, and use of firearms and ammunition during a disaster declaration or state of emergency, while HJR 40 by Rep. James White proposes an amendment to the Texas Constitution to ensure that the Governor never has power to suspend or limit the sale or transportation or firearms.
Join the GOA in Texas.
Infiltrated city's.
There are only 50 Governors, about 35 are contested, perhaps 15 each two years or so.
The Mediacracy can bring considerable power to bear, but they cannot bring it to bear on lots of small targets.
So Governors, Senators, Presidents, Secretary of States, so on, are targeted.
“Well, lets see, making a decision to move to Montana in 4..3...2...1...”
We’d LOVE to have you!
PM me if you are serious and need a REPUTABLE Realtor (the Mrs. is a RE Broker/Owner).
Our new Governor will happily sign this into law!
To understand my position on “constitutional” carry, please read this screed of mine about 2A’s twin, 1A:
- The defining characteristic of journalism is negativity to the point of cynicism about society, and the defining characteristic of the Democrat Party is that it has no other principle conflicting with its determination to go along - and thus get along - with the journalism cartel. Thus, journalists have no inclination to libel Democrats, and plenty of inclination to libel Republicans.
- Under the Warren Court’s fraudulent New York Times Co. v. Sullivan decision, officials - Republicans or (as if) Democrats - are strongly inhibited from attempting to sue for libel.
In Sullivan, the Court claimed that
". . . libel can claim no talismanic immunity from constitutional limitations. It must be measured by standards that satisfy the First Amendment”The fallacy in that claim is that - as all courts prior to 1964 had held - the intention of the framers and ratifiers of the First Amendment understood and intended that the (existing, state) laws against libel would not be affected by 1A.Under the Ninth and Tenth Amendments, individual or state rights not explicitly affected by the Constitution are not modified by the Constitution. Libel is not mentioned in 1A, and libel is not affected by 1A. It is no more complicated than that.
1A no more gives a printer the right to deny a politician the reputation their behavior has earned than 2A gives a gun owner the right to shoot Steve Scalise.
Scalia wrote the Heller decision delineating his (SCOTUS’s) reading of what “the” RKBA was understood to be in 1788.” He had to do a deep dive into history to inform his decision - not just say, “RKBA is not to be infringed.” That is only the beginning of the story.Obviously the Federalists who composed the Constitution took 9A and 10A for granted. They did not include a bill of rights in the Constitution for that reason and because trying to comprehensively enumerate all rights of the people and of the government would have been a fool’s errand.
Common Law was and is the fruit of an evolution in law. The Federalists’s objective in composing the BoR was to suppress controversy over rights. That is, to assure everyone that the Constitution did not change any rights tacitly.
So in a real sense the first eight amendments simply tee up the ball, and 9A and 10A are the club which drives the ball. Thus, the Warren Court’s Sullivan decision is a fraud. And thus, Heller isn’t a simple one-page ruling.
And that is what Scalia’s “original meaning” interpretation of the Constitution is all about.
It would be great if we could get that understanding of the First Amendment out of SCOTUS.
It is not too much to say, IMHO, that we have to have "that understanding of the First Amendment out of SCOTUS.”Because without it, we are left at the mercy of the cabal of socialists - card-carrying Democrats and cryptoDemocrats who brandish their membership in “the media” as their credential for functioning as an Established Priesthood whose word may not be challenged.
And on an episode of Life, Liberty, and Levin, President Trump and Mark Levin agreed on the necessity of challenging Sullivan.
That is a big exception. There are so many laws that we unwittingly break laws very often. For example, in Texas, it is illegal to have wire cutters in your back pocket, it is illegal to drive without windshield wipers, it is illegal to take more than three sips of beer at a time while standing, it is illegal to milk another person’s cow, it is illegal to tuck your pants into one boot unless you own ten or more cattle.
I’d like to see some pro-gun politician in D.C. would propose that anyone with a CCW could have a firearm shipped directly to him, since he has passed background checks, etc. OK, have him fill out a 4473 (for now) and send it in with a copy of his CCW. Later on, have that apply to out-of-state handgun purchases.
IMO, besides the Left, most gun dealers would oppose as it is a lucrative sideline ($30 a pop).
It would be nice to see the pro-gunners counter-attack.
The mining unions used to control Montana politcs, thus they installed Democrat regimes.
Do you have a link to the GOA? Thank you in advance!
If there are exceptions to where concealed weapons may be carried then is it really Constitutional carry?
Yes, obviously.
Prisoners have not been allowed to legally have weapons.
When the Second Amendment was ratified, there were a few places where the carry of weapons was banned, either generally (prisons, jails, gunpowder storage magazines) or sometimes (some courtrooms during some trials).
Prisoners give up their rights when convicted. But why should law-abiding citizens be forbidden to carry in court houses, schools, bars, public buildings, and the like? Restrictions commonplace in all states that call themselves 'Constitutional carry'.
When the Second Amendment was ratified, there were a few places where the carry of weapons was banned, either generally (prisons, jails, gunpowder storage magazines) or sometimes (some courtrooms during some trials).
The Second Amendment contains no such restrictions. Instead it clearly states "shall not be infringed".
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