Showdown under the Big Sky?

February 16, 2:31 PMGun Rights ExaminerDavid Codrea

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Montana's News Station tells  us about House Bill 246, under consideration in the Montana House.

The State House voted in favor of House Bill 246 in second reading on Saturday, and the bill could have the effect of releasing Montana gun owners from federal registration requirements.

The measure applies to firearms, firearm accessories and ammunition that are made and sold in the state.

Make sure you watch the accompanying video.  As for  the native Montanan in the gun shop who sees registration as "common sense," I submit he hasn't thought things through.  Either that or he has...

You can read the text of the bill here.  Essentially, here's what's being claimed:

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.

This bill is something to watch, because it could provide a template for other states to model laws after.

But before we pin too many hopes on this, understand the feds will fight it tooth and nail. And don't be surprised if they dust off Wickard v. Filburn to make their case.  If they insist that wheat that a farmer grows for his own consumption is subject to interstate commerce regulation, just imagine the fight they and the entire establishment will put up over guns.

 [Via Les K ]