Ah Fall, Can Gun Legislation Be Far Behind?


Guns and Government -- Ugly Combination!

Guns and Government -- An Ugly Combination!


As the days shorten and the heat gives way to balmier weather, can gun legislation be far behind?  These are issues making their way around the Internet.


Emails: It  seems that citizens and states are getting nervous about the federal government’s encroachment  into their perceived domain, especially regarding guns.

The Truth: Oklahoma passed a resolution in April of 2009, demanding that the federal government “cease and desist” mandates beyond those outlined in the Constitution.

The 10th Amendment of the US Constitution is cited as the relevant document that states the federal government’s rights and obligations. (Of course, no one mentions that US presidents have been ignoring the 10th Amendment since the days of FDR!)

This declaration was a resolution, not a law, and therefore is a symbolic act which has no legal effect.” (direct quote from http://www.snopes.com, http://www.snopes.com/inboxer/pending/oklahoma.asp).


Emails: This state went a step (or two) further. The emails flying around indicate that Montana has defied the federal government in relation to gun ownership.

The belief of these organizers is that the federal government wants to confiscate all firearms (a non-surprise).  Essentially, the emails indicate that Montana has the right to defy the federal claims of having the right to control arms.

The Truth: (Again from Snopes.com, http://www.snopes.com/politics/guns/montana.asp) In April 2009, Montana passed the Montana Firearms Freedom Act.

Essentially it throws down the gauntlet to the federal government: “A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Montana and remains in the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.”

This fancy bit of wording means that Montana says that the federal government has no right to regulate the firearms owned in Montana.

They are saying that:  Just because the federals have the right to regulate commerce (between states, etc.), that does not give them the right to regulate firearms that have nothing to do with interstate commerce.

The only problem with this feisty law is that states do not have the right to nullify federal laws. The Supreme Court is likely to shoot Montana’s law down (pun intended).


Lest you think that is all that our legislators in LaLa Land are up to, come back tomorrow. If you have “anger management issues,”  it would be best to skip tomorrow’s posting!


This blog is a companion to my website:  GreatGhilliesAndGraphics.com

Published in: on August 31, 2009 at 8:14 am  Comments Off on Ah Fall, Can Gun Legislation Be Far Behind?  
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