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Details of Bill
Montana Bill #HB 246   View text of Bill | Go to Bill Online
Bill Name:Montana Firearms Freedom Act
Type:Firearms Freedom Act
Requested Patriot Action: Call the following Senators & House Members who voted No on this Guns Rights Bill (HB 246). Ask them to support the Constitution and any other States' Rights bill that is introduce in Montana. Let them know there will be consequences for those State Legislators who do not support States' Rights.
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Committees: (Senate) Committee Report--Bill Concurred 03/27/2009 (S) Business, Labor, and Economic Affairs Committee
(House) Committee Report--Bill Passed as Amended 03/13/2009 (H) Appropriations Committee
Sponsors: House Sponsors:







J. BONIEK (406)220-1240
BENNETT (406)293-7012
BUTCHER (406) 462-5627
CURTISS
RANDALL (406)436-2807
WARBURTON (406)262-3185


Session Schedule: No Even Year Sessions

In Session Jan 2011 - Apr 2011

The Montana State Legislature convenes only on odd numbered years, and for 90 day periods.

In addition, state law allows for the legislature to be convened in special session by the governor or at the written request of a majority of the members.
Similar Bills in other states:Clones of the MFFA have been introduced in Alaska, Texas, Tennessee (passed in TN), South Carolina, Minnesota and Florida. Legislators in other states have indicated that they will also introduce MFFA clones as soon as possible in Georgia, Virginia, West Virginia, North Carolina, Alabama, Ohio, Louisiana, Missouri, Kansas, Oklahoma, Arizona, Colorado, Wyoming, Utah, Idaho and Washington.
Date Introduced: 10/27/2008
Enacted:Y
Status:Enacted (H)85 Y - 14 N (S) 29 Y - 21 N
Passed House committee:Y
Passed Senate committee:Y
Passed Senate:Y
Passed House:Y
Link to Bill history: Go to Bill history
Bill History: Action - Most Recent First Date Votes Yes Votes No Committee
Chapter Number Assigned 04/15/2009

(H) Signed by Governor 04/15/2009
(H) Transmitted to Governor 04/08/2009
(S) Signed by President 04/07/2009
(H) Signed by Speaker 04/07/2009
(H) Returned from Enrolling 04/06/2009
(C) Printed - New Version Available 04/03/2009
(H) Sent to Enrolling 04/03/2009
(S) Returned to House 04/02/2009
(S) 3rd Reading Concurred 04/02/2009 29 Yes 21 No
(S) Scheduled for 3rd Reading 04/02/2009
(S) 2nd Reading Concurred 04/01/2009 27 Yes 23 No
(S) Scheduled for 2nd Reading 04/01/2009
(S) Committee Report--Bill Concurred 03/27/2009 (S) Business, Labor, and Economic Affairs
(S) Committee Executive Action--Bill Concurred 03/27/2009 7 4 (S) Business, Labor, and Economic Affairs
(S) Hearing 03/27/2009 (S) Business, Labor, and Economic Affairs
(S) Referred to Committee 03/23/2009 (S) Business, Labor, and Economic Affairs
(S) First Reading 03/23/2009
(H) Transmitted to Senate 03/21/2009
(H) 3rd Reading Passed 03/21/2009 85 Yes 14 No
(H) Scheduled for 3rd Reading 03/21/2009
(H) 2nd Reading Passed 03/20/2009 80 Yes 20 No
(H) Scheduled for 2nd Reading 03/20/2009
(H) Revised Fiscal Note Printed 03/19/2009
(H) Revised Fiscal Note Signed 03/19/2009
(H) Revised Fiscal Note Received 03/19/2009
(H) Revised Fiscal Note Requested 03/13/2009
(C) Printed - New Version Available 03/13/2009
(H) Committee Report--Bill Passed as Amended 03/13/2009 (H) Appropriations
(H) Committee Executive Action--Bill Passed as Amended 03/13/2009 20 0 (H) Appropriations
(H) Hearing 03/09/2009 (H) Appropriations
(H) Revised Fiscal Note Printed 02/19/2009
(H) Rereferred to Committee 02/19/2009 (H) Appropriations
(H) Revised Fiscal Note Received 02/17/2009
(H) Revised Fiscal Note Requested 02/14/2009
(H) 2nd Reading Passed 02/14/2009 64 Yes 36 No
(H) Fiscal Note Printed 02/14/2009
(H) Scheduled for 2nd Reading 02/14/2009
(C) Printed - New Version Available 02/12/2009
(H) Committee Report--Bill Passed as Amended 02/12/2009 (H) Judiciary
(H) Committee Executive Action--Bill Passed as Amended 02/12/2009 12 6 (H) Judiciary
(H) Fiscal Note Received 02/06/2009
(H) Fiscal Note Requested 02/05/2009
(H) Hearing 01/22/2009 (H) Judiciary
(H) First Reading 01/14/2009
(H) Referred to Committee 01/14/2009 (H) Judiciary
(C) Introduced Bill Text Available Electronically 01/13/2009
(H) Introduced 01/13/2009
(C) Draft Delivered to Requester 01/09/2009
(C) Draft Ready for Delivery 12/30/2008
(C) Pre-Introduction Letter Sent 12/05/2008
(C) Pre-Introduction Letter Sent 11/20/2008
(C) Fiscal Note Probable 11/20/2008
(C) Draft in Assembly/Executive Director Review 11/20/2008
(C) Draft in Final Drafter Review 11/20/2008
(C) Bill Draft Text Available Electronically 11/17/2008
(C) Draft in Input/Proofing 11/17/2008
(C) Draft to Drafter - Edit Review [JLN] 11/17/2008
(C) Draft in Edit 11/17/2008
(C) Draft in Legal Review 11/17/2008
(C) Draft to Requester for Review 10/29/2008
(C) Draft On Hold 10/27/2008
(C) Draft Request Received 10/27/2008






House votes: House Vote on Final Reading 85 Yes - 14 No
Senate votes: Senate Vote on Final Reading 29 Yes - 21 No
Federal reply:
“U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL MONTANA
FEDERAL FIREARMS LICENSEES

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (”FFL”). The Bureau of Alcohol, Tobacco, Firearms and Explosives (”ATF”) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.

The passage of the Montana Firearms Freedom Act, Montana House Bill 246 ("Act"), effective October 1, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at http://www.atf.gov/contact/field.htm. Carson W. Carroll, Assistant Director (Enforcement Programs and Services)”

State constitution: Montana State Constitution

ARTICLE II

DECLARATION OF RIGHTS

Section 1. Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Section 2. Self-government. The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.

Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

Section 4. Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.

Section 5. Freedom of religion. The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Section 6. Freedom of assembly. The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action.

Section 7. Freedom of speech, expression, and press. No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts.

Section 8. Right of participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.

Section 9. Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

Section 10. Right of privacy. The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.

Section 11. Searches and seizures. The people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures. No warrant to search any place, or seize any person or thing shall issue without describing the place to be searched or the person or thing to be seized, or without probable cause, supported by oath or affirmation reduced to writing.

Section 12. Right to bear arms. The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.

Continued...

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