Montana Gun Law Fight Continues

BusinessLegal

  • Author Aurelia Masterson
  • Published March 25, 2010
  • Word count 772

Executive Summary – The State of Montana and Tennessee have passed gun laws stating that the Federal government has no right to intervene in their sates regarding guns made in their state and not shipped out of their state. The thought is the Federal government only has authority to regulate interstate commerce. The states are right.

The Fed is filing a motion to dismiss the action that Montana brought in Federal court setting aside Federal gun control over guns made only in Montana and not shipped outside of Montana. They are claiming the state has no standing. New Hampshire, Utah, Washington State and many other states are in process of enacting similar laws. I do not expect top see the Federal courts ever uphold states gun rights. What happens next is a good question. Secession comes sup of course. In Vermont 9 candidates are running on a secessionist platform along with many other people running for different state offices. This is a broad effort at getting a secessionist government elected.

Analysis – If you view the states rights and the secession movement together as the Fed does this is what you should see. The states gun manufacturers start making a large amount of ordinary guns of course including semi-automatic assault rifles. Now the precedent has been set that the states can control their own gun manufacturers as long as the guns do not leave the state. Shortly thereafter the state laws can be changed to allow full auto and military calibers like 20mm canons, antitank rifles, armor piercing ammo, incendiary ammo, silencers, rocket propelled grenades, shoulder fired missiles, mortars, artillery pieces etc. What exactly they pass remains to be seen but this is the general idea.

These weapons were all available before the 1968 gun control laws. In pre 1968 Guns and Ammo Magazine there were ads for Boys anti-tank rifles using the slogan "For the Jack Rabbit that Got Away". There were ads for mortars and other "destructive devices". Next comes a state militia that the Fed has no legal means of controlling. It builds tanks and can now armor them. A tank is basically a truck of sorts with armor on it that fires weapons. It usually has one or two heavy machine guns, rocket launchers, modest canon, can have a flamethrower, etc. Other military ground vehicles would also be built. The state can build helicopters and armor them effectively. I admit it has no air force, no navy and no long-range missiles but it can repel Federal law enforcement agencies and since it is a state enforcing states rights it is hard to color this as a revolution since it is a government fighting against another government. Again a heavy lift for the propaganda machine.

It is a real heavy lift to get the military to fire on Americans even if they secede from the union. Imagine the military massacring Canadians, this is even harder to imagine. So a lightly armed state militia can be quite effective in pushing back against Federal law enforcement that lacks full military apparatus such as attack aircraft, artillery etc while they do have full auto weapons, flame throwers, tanks, armored vehicles, armor piercing ammo, etc. The thought is that the Federal law enforcement agencies will turn on anyone they are told is violating the law. There are some states rights laws saying no federal employee can enforce any law within a state without the express permission of the sheriff of that county. Of course the Sheriff is a locally elected official who can easily be recalled from office by getting enough signatures to put it on the next ballot. If a Sheriff survives a recall he will probably not be run again by his backers who will view him or her as a bad bet for financial backing.

So the Sheriff can say no you can’t enforce drug laws, gun laws, tax laws or whatever he wants to say. With a militia to back up his words the Sheriff can be a mighty force against the Fed to keep them out of the rights of the people of the state. That is the whole picture that the press is not going to illustrate. So we wait and watch. The Fed botches practically anything it does so this should be no different. The only thing the Fed is good at is raising taxes and violating the rights of their citizens. When was the last time they won a war against any inferior military force? Iraq. Then what did they do? Leave and botch it up again. Have faith in the incompetence of the Fed.

http://www.panamalaw.org

Aurelia Masterson writes for http://www.panamalaw.org

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