Montana fires warning shot for states rights across the FedGov's bow, Texas may follow

From CNS News, on the recently enacted Montana law that exempts firearms made and kept within that state's borders from federal gun control laws:

Montana is trying to trigger a battle over gun control - and perhaps make a larger point about what many folks in this ruggedly independent state regard as a meddlesome federal government.

In a bill passed by the Legislature earlier this month, the state is asserting that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed.

That notion is all but certain to be tested in court.

The immediate effect of the law could be limited, since Montana is home to just a few specialty gun makers, known for high-end hunting rifles and replicas of Old West weapons, and because their out-of-state sales would automatically trigger federal control.

Still, much bigger prey lies in Montana's sights: a legal showdown over how far the federal government's regulatory authority extends.

"It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana," said Democratic Gov. Brian Schweitzer, who signed the bill. [emphasis added] ...

Gotta love Montana. This is an in-your-face assertion of states rights that challenges the feds to a legal fight.

And from the great state of Texas, we learn that a similar bill is being debated in that state's legislature:

A bill by state Rep. Leo Berman exempting Texas-made firearms, gun accessories and ammunition sold within the state from federal regulation and law -- including registration -- was heard in a House committee on Monday.

The bill also provides for the Texas Attorney General's office to defend Texans who run afoul of the federal government because of this law. [emphasis added]

Berman, a Tyler Republican who has pushed several "states' rights" measures this legislative session, said his bill would affect more than 300 manufacturers in the state.

"Under the 9th and 10th Amendments of the U.S. Constitution, states have responsibility for regulating intrastate commerce," Berman said. "The federal government has no role."

Worse, he said, the federal government would like to increase regulations.

"With the appointment of Eric Holder as U.S. attorney general, we have the most anti-Second Amendment attorney general in the history of the nation," Berman said. "What we're saying with this is there are some guns not subject to federal regulation. We have guns and gun accessories and ammunition here that are not subject to their regulation." ...

Note that a bill in Alaska is also modeled on the Montana law:

... JUNEAU, Alaska — On the same day they rejected an attorney general designee who is a board member of the National Rifle Association, members of the state House on Thursday approved a bill exempting guns and ammunition manufactured and kept within Alaska from federal firearms regulation.

House members voted to reject Gov. Sarah Palin's nominee to head the Department of Law, Wayne Anthony Ross, but voted 32-7 in favor of the Alaska Firearms Freedom Act, which would apply to firearms built, sold and kept in Alaska. ...

Let's hope this catches on and passes in other freedom-minded states.