Will Montana Nullify Federal Gun Laws?

As sheriffs around the country get more and more media attention for making statements that they will not comply with or enforce federal gun control schemes, the Montana State house – and a number of others – is taking things a step further.

House Bill 302 was introduced last month by State Representative Krayton Kerns.  If passed, it would be another line of defense for the right to keep and bear arms in the State of Montana.  Instead of Montana residents having to rely on the goodness, courage, and constitutional understanding of their own local Sheriff – HB302 would make it state law that no state agent, agency or peace officer working in the state of Montana would be allowed to enforce such violations of the 2nd Amendment.

The bill states, in part:

A peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.

In Wyoming, recently, the state house passed a similar law prohibiting such federal bans.  That bill also included criminal charges for federal agents who attempt to enforce the ban.  Both bills play a big part in nullifying unconstitutional federal acts regarding the right to keep and bear arms.

NONCOMPLIANCE

As big as it is, the federal government cannot be everywhere at once enforcing its so-called “laws” and regulations; it must rely on submission, compliance or “bribery” in the form of federal grants to accomplish its goals. Without local and state government co-operation, the feds are stymied and thwarted in many, if not most, of its efforts.

The federal government most certainly needs compliance, if not outright assistance, from the states when it does its dirty deeds. Information-sharing, logistics assistance, access to infrastructure, help from sheriffs blocking roads, and the like. They can rarely pull things off without help from state and local officials.

Just ask the DEA when they come to California. They’re never able to pull off a raid of a marijuana dispensary without the help of the local sheriff or police departments. Or, look at the Affordable Care Act, AKA Obamacare. Without states shouldering the burden of operating and funding insurance exchanges, the entire act could collapse.

The fact is this: Without state compliance and assistance, many unconstitutional federal acts are little more than a house of cards. Refusing compliance on a state or local level is a big deal – and it sets the stage for others to do the same.

MOVING THE BAR

Beyond the effectiveness of such efforts, Tenth Amendment Center national communications director Mike Maharrey points out that over time, things have been moving forward – step by step – on a positive path around the country:

“This time two years ago, we were talking about non-binding resolutions, and little else in most of the country.  Actions build on each other. Resolutions that passed, have often times grown into binding legislation in just a year or two. Bills passed with no penalties have opened the door to current and future bills with penalties. The big government statists understand this and have used a long-game strategy to get us here – one step at a time. Now, we’re turning the tables.”

ACTION ITEMS for Montana

1. Contact your State Senator.   Make sure they know you want them to vote YES on HB302.  If the federal government is going to try even more attacks on the 2nd amendment, Montana will not have ANY part of it.  And, by doing so, Montana will help play an important part in the demise of such unconstitutional plans.

contact information here:
http://leg.mt.gov/css/find%20a%20legislator.asp

2.  Encourage your local community to take action as well.  Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners.  Various local governments around the country are already passing similar resolutions and ordinances.  Local legislative action present a great way to strengthen a statewide campaign against violations of the 2nd Amendment

Model legislation here:
http://tenthamendmentcenter.com/2ndamendmentpreservation

LEGISLATION and TRACKING

If you would like to see model legislation to introduce in your state or local community to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.

Track the status of 2nd Amendment preservation legislation in states around the country HERE.