By ANA CAMPOY

Lawmakers in firearm-friendly Texas are embroiled in a debate over how to make the state Capitol safer: get rid of guns or encourage even more.

The discussion comes after a man last month fired several shots on the steps of the towering Capitol in Austin. State troopers tackled him and no one was wounded, but the incident spotlighted a predicament for lawmakers in a state where carrying handguns is not only legal but largely cherished.

Lawmakers, some of whom regularly show up for work armed, have to sort through an array of safety options. They range from prohibiting guns in the Capitol, making everyone who steps into the building go through a metal detector, to exempting those who have a license to carry a concealed weapon. Or lawmakers could stick with current safety procedures, which permit unfettered access to all areas of the Capitol when the legislature isn't in session, effectively allowing access to people carrying guns.

Gov. Rick Perry, a concealed-weapon licensee himself who was endorsed by the National Rifle Association in his bid for re-election, is of the view that lawful gun-carrying Texans deter criminals from drawing their weapons for fear of being outnumbered. "The last thing I want is for the Texas Capitol to turn into DFW Airport," he said at a recent news conference.

But others question whether civilians' right to carry firearms should extend to the seat of state government, which is visited daily by thousands of tourists and citizens with legislative business, some of whom who aren't always happy about lawmakers' decisions.

State Rep. Eddie Rodriguez, a Democrat from Austin, favors banning the guns at the Capitol. "If you ask me point blank, I'll have to say we should not compromise on this issue," he said.

When construction of the Capitol was finished in 1888, those who entered were subject to a law dating from the turbulent post Civil-War era that banned from practically all pubic establishments an assortment of weapons, including guns, sword-canes, spears, brass-knuckles, bowie knives "or any other kind of a knife manufactured and sold for the purpose of offense and defense."

But in 1995, then-Gov. George W. Bush signed a bill that allowed anyone who was cleared by a background check and took a course, among other requirements, to carry a concealed weapon in a variety of places, including the Capitol. More recently however, a rule was put in place that requires visitors who want to witness lawmakers in action from the galleries to go through a metal detector.

On Jan. 21, 24-year-old Fausto Cardenas entered the building looking to meet privately with staff at the office of state Sen. Dan Patrick, a Republican who represents the Houston area. After his request was denied, he exited the Capitol and fired.

The Texas Rangers, a division of the state police force, are investigating the incident, but a spokeswoman said Mr. Cardenas isn't among the 381,000 Texans who hold a concealed-carry license.

Reaction was prompt—and divided. Mr. Patrick suggested installing metal detectors, but allowing lawful gun-carriers such as him to skirt them by showing their license. Another idea: the state could let frequent visitors such as legislators, state employees and the media bypass the detectors.

"Some people outside of Texas may have this view that we're a gun-toting society; we're not," said Mr. Patrick, who believes licensees provide an added layer of security due to their training. "We're a state that has responsible gun owners."

Mr. Rodriguez believes security should be left to police. Armed volunteers could do more harm than help by confusing security officers if they pull out a weapon to defuse a dangerous situation, he said. "Who's going to know who's the good guy and who's the bad guy?"

New gun law aimed at asserting sovereignty
By KAHRIN DEINES - Associated Press - 04/16/09
Gov. Brian Schweitzer has signed into law a bill that aims to exempt Montana-made guns from federal regulation, adding firepower to a battery of legislative efforts to assert states’ rights across the nation.

“It’s a gun bill, but it’s another way of demonstrating the sovereignty of the state of Montana,” Democrat Schweitzer said.

Since the law applies only to those guns that are made and kept in Montana, its impact is limited. The state is home to just a handful of specialty gun makers, known for recreating rifles used to settle the West, and most of their customers are out-of-state.

But supporters of the new law hope it triggers a court case testing the legal basis for federal rules governing gun sales.

“What we need here is for Montana to be able to handle Montana’s business and affairs,” bill sponsor Rep. Joel Boniek, a Republican and wilderness guide from Livingston, told fellow lawmakers during the bill’s House debate.

The measure is one of many introduced by state lawmakers across the nation seeking to confront what some see as a federal overreach into state matters that will be extended with the national stimulus plan.

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Along with the gun bill, Montana legislators are considering a resolution that affirms the 10th Amendment principle that the federal government only has those powers that are specifically given to it by the U.S. Constitution.

“The whole goal is to awaken the people so that we can return to a properly grounded republic,” Rep. Michael More, R-Gallatin Gateway and the Montana resolution’s sponsor, said at a House committee hearing Wednesday.

As many as fifteen other Legislatures have also been mulling resolutions that buck federal control in states such as New Hampshire, South Carolina, Missouri and Oklahoma.

“The balance has swung far to the extreme to the empowerment of the federal government, and to the harm of the individual states,” More said.

Opponents of the state sovereignty bids, however, warn they could give legitimacy to the kind of anti-government ideas that fueled the militia movement in Montana and elsewhere.

“When you really actually get in and look at it there is a lot of what we feel is very dangerous, very anti-government language that reads very similar to posters for the militia movement in the 1990s,” said Travis McAdam, the interim director of the Montana Human Rights Network, a group formed to oppose racism and extremism.

One of the few state Senators who voted against the gun bill — Sen. Christine Kaufmann, D-Helena — is that group’s director when the Legislature is not in session. She ties the bills’ proliferation to fears about the Democratic administration of President Barack Obama and stimulus spending.

“I do think that there is a kind of renewed vehemence to this kind of right-wing rhetoric being spewed by conservative talk show hosts to rile the troops and they are using the fact that we have a Democratic, black president as one of their rallying calls,” Kaufmann said.

The Montana bills are being sponsored by freshman legislators who ran as part of a broader effort to oust more moderate Republicans in last spring’s elections.

House Resolution 3, the one sponsored by More, follows another states’ rights declaration that deadlocked in the same committee earlier this session, although the committee’s chairman said it may have a shot on its second try.

House Bill 246, the Montana-made gun bill, cleared the Legislature easily before reaching the governor’s desk.

Its supporters next plan to find a “squeaky clean” Montanan who wants to send a note to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives threatening to build and sell about 20 rifles without federal dealership licensing. If the ATF says it’s illegal, the gun bill’s backers plan to file a lawsuit in federal court with the goal of launching a legal showdown that lands in the U.S. Supreme Court.

The Montana Shooting Sports Association, which drafted the bill, has said it will raise the money to pay for any legal costs.

“It doesn’t cost us any money and I like guns,” Schweitzer said after signing the bill.

“I like big guns, I like little guns, I like pistols, I like rifles, and I would like to buy a gun that’s made in Montana,” Schweitzer said.

MONTANA SOVEREIGNTY BILLS HAVE NATIONAL SCOPE

HELENA, Mont. (AP) - Gov. Brian Schweitzer has signed into law a bill that aims to exempt Montana-made guns from federal regulation.

House Bill 246 was sponsored by Republican Rep. Joel Boniek of Livingston. It applies only to guns made and kept in Montana.

Its supporters hope it triggers a court case to test the legal basis for federal rules governing gun sales.

The measure is 1 of many introduced this year by state lawmakers across the nation that seek to assert state sovereignty.

Along with the gun bill, Montana legislators are also considering a resolution that affirms the federal government only has those powers listed in the U.S. Constitution. House Resolution 3 follows an effort that failed earlier this session. It was heard Wednesday by the House Judiciary Committee.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.kpvi.com/Global/story.asp?S=10190400

MONTANA GOVERNOR SIGNS NEW GUN LAW

Executive Summary ­- The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY. The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal ­ confiscation of privately owned firearms.

Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch. Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obama's face. If the federal government does nothing they lose face. Gotta love it.

Important Points ­ If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA.

Silencers made in Montana and sold in Montana would be fully legal and not registered. As a note silencers were first used before the 007 movies as a device to enable one to hunt without disturbing neighbors and scaring game. They were also useful as devices to control noise when practicing so as to not disturb the neighbors.

Silencers work best with a bolt-action rifle. There is a long barrel and the chamber is closed tight so as to direct all the gases though the silencer at the tip of the barrel. Semi-auto pistols and revolvers do not really muffle the sound very well except on the silver screen. The revolvers bleed gas out with the sound all over the place. The semi-auto pistols bleed the gases out when the slide recoils back.

Silencers are maybe nice for snipers picking off enemy soldiers even though they reduce velocity but not very practical for hit men shooting pistols in crowded places. Silencers were useful tools for gun enthusiasts and hunters.

There would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required. So in a short period of time there would be millions and millions of unregistered untraceable guns in Montana. Way to go Montana!

Discussion ­ Let us see what Obama does. If he hits Montana hard they will probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.

Text of the New Law:

HOUSE BILL NO. 246

INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL, WARBURTON

AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Firearms Freedom Act".

Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 6] is the following:

(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

Section 3. Definitions. As used in [sections 1 through 6], the following definitions apply:

(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.

(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

(3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.

(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.

Section 5. Exceptions. [Section 4] does not apply to:

(1) a firearm that cannot be carried and used by one person;

(2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;

(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 6] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.

Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 6].

Section 8. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.