fighting a gun ban
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July 1st, 2011 at 9:42 am
Montana? Seriously? City ordinance or otherwise, I’m surprised to hear of this sort of thing coming out of Montana. And to think the better half and I are seriously considering a move there once the child_process is old enough. Wow.
July 1st, 2011 at 10:40 am
Helena, Montana has openly gay gun laws? I never would have guessed. Maybe they should change the town’s name to Brokeback, Montana, so people would have a clue.
July 1st, 2011 at 11:56 am
Wonder if any of them have ever heard of Heller and/or McDonald, or that Chicago was ordered to pay attorney’s fees in the McDonald case.
tweaker
July 1st, 2011 at 3:51 pm
Why does everyone start bringing up McDonald and making a Federal case out of everydamnthing in these cases? I thought we were limited government types.
Montana is a state right? Has its own laws?
Do ya think maybe they might have firearms preemption? Oh look, 10 seconds of Google confirms that, yep, they do.
So McDonald et al is irrelevent, Helena will lose based on the proper level of review, that of state statute (which is based on their -state- Constitution).
July 1st, 2011 at 4:10 pm
Montana Code 45-8-351 grants very a specific level of restrictions to municipalities. Helana’s blanket ban exceeds the granted limits, and, as Matthew Carberry, notes, it won’t withstand legal scrutiny.
July 1st, 2011 at 5:40 pm
Cleveland tried this a few months back. Lost their ass in the Ohio Supreme Court. Rumor has it that they are still looking to fight it in Federal Court. So, Mr. Carberry, sometimes it HAS to go to the Feds. Remember, the Anti-Gunners think “Limited Government” is the Limits that the Government can impose on the Citizenry, whether they are Constitutional or Not. If the people of a State allow their Politicians to get out of Control, you have all those Wonderful Places like Massachusetts, California, Illinois, etc. spreading their Anti-Gun Cancer to the rest of the Republic. Or should one allow the State to issue an Firearms Ownership I.D like Illinois or Massachusetts, which can be revoked at any time, thus making a Legal Gun Owner a Felon, subject to arrest?
Just be glad there are Groups Willing and Able to Fight for your 2A rights on the Federal Level.
July 1st, 2011 at 9:59 pm
Yes, the libs took over Montana. I was surprised too when I figured that out. Those bastards are everywhere!
July 4th, 2011 at 6:20 pm
Matthew Carberry,
You’re exactly correct! In the matter of rights, particularly the addition and expansion of rights, the States supercede the Federal Government according to the 9th and 10th Amendments. People need to understand that the U.S. Constitution is “the Supreme Law of the Land, NOT the Federal Government. In the matter of gun laws, the Federal Government is resticted to its “delegated powers” in Article I, Sections 15,16 which only allows it to “govern such part of the militia which is called into service and EMPLOYED”, hence any other restrictive gun laws are unconstitutional and thus UNLAWFUL.
Here in Tennessee, Article I of our State Constitution is the Tennessee Declaration of Rights, Section 26 of which, DECLARES that the people have a right to keep AND CARRY arms for self-defense. That declared right is also not connected to membership in a State militia.
But again, rights in State Constitutions supercede those in the U.S. Bill of Rights EXCEPT when States or cities violate or deny those rights enumerated in the U.S. Bill of Rights according to the 14th Amendment.
July 4th, 2011 at 6:21 pm
In the matter of gun laws, the Federal Government is resticted to its “delegated powers” in Article I, Sections 15,16
Correction: that’s Article I, Section 8.15,16
July 5th, 2011 at 11:53 pm
Western Montana is full of frickin libnuts, this doesn’t surprise me. Once you get west of Billings the rotten liberal stench gets strong.