H/T to reader Greg Farber on the Global News Post article.

Montana’s HB246 is the talk of the states it seems these days. It didn’t take too long I suppose but with each passing day, more media, not the main stream though, and new Internet media are picking up on the brazen and testy new gun law bill that Montana signed into law last month. I first brought you that story right here on the Black Bear Blog.

I’ll dispense with all the proper speak and get to the nitty gritty of the bill. Montana’s HB246 says that any guns or gun parts manufactured in the state of Montana and sold exclusively in the state of Montana cannot be regulated by the federal government.

Back on April 20, 2009 I made this comment.

While several states are calling for legislation that reaffirms their state sovereignty in opposition to a federal government that is out of control, Montana, it appears, has taken this step a little bit further. No one knows how this will play out in the courts as it is sure to be challenged.

We know that many states now have taken some degree of assertiveness, if only to make a statement in protest of too much governmental control. Montana seems to be the first to draw a big and bold line in the sand, while at the same time dropping a grenade into the court (figuratively speaking) of the U.S. Government.

The Global News Post describes Montana’s bold move this way.

Montana has gone beyond drawing a line in the sand. They have challenged the Federal Government. The fed now either takes them on and risks them saying the federal agents have no right to violate their state gun laws and arrest the federal agents that try to enforce the federal firearms acts. This will be a world-class event to watch.

Montana could go to voting for secession from the union, which is really throwing the gauntlet in Obama’s face. If the federal government does nothing they lose face. Gotta love it.

Speaking of secession, if you will recall back during the U.S. Supreme Court case of District of Columbia vs. Heller, the state of Montana was hinting that should the Supreme Court rule against an individual’s right to keep and bear arms as an interpretation of the Second Amendment, then the U.S. Government would be in breech of the contract Montana had with the U.S. Government when it agreed to join the union. Some legal authorities believe that Montana has that “ace up the sleeve” while other states don’t.

Which brings me to an additional point in this discussion. Since Gov. Schweitzer signed Montana’s bill, at least two other states, Alaska and Texas, have drafted similar bills.

Gary Marbut, President of the Montana Shooting Sports Association, says he’s not really sure how all this would play out in court. As a matter of fact, Marbut says the MSSA is looking into the possibility of taking a proactive approach and filing a suit in court in order to prove the legal principles within HB246.

Tom Remington

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