Somtimes......

[SkyIsGrey]

I posted a rant out of frustration to the included post. My response follows. I have to include the entire post, there is no way to link to it, because it is a members only forum for automotive industry professionals, but sometimes........ Am I correct in my assessment(rant) I am not probably not going to get in trouble due to this, because any post that goes to far politically gets pulled, to keep us all professionals. Cough cough.

Montana recently signed into law a bill that has the
potential to revive and revolutionize the auto industry (and
many other industries). If the bill holds up under review by
the US Supreme Court, individual states could soon be free
to produce and sell vehicles within their state which would
be, for all practical purposes, free of any significant
federal control. Things like fuel economy and emission
standards would likely not be applicable (of course, states
could set their own if they wanted to do so). Imagine an
auto industry that was free to build what would sell without
the massive costs which are now mandated by the feds.

The text of the law is below. Substitute the word vehicle
for the word firearm and you quickly get the picture. It
would require some major changes for anyone building
vehicles and there would be many obstacles to overcome, but
without federal intervention, there would likely be some
creative companies that could pull it off. (This is not a
post about firearms. If you do not want this post and any
replies removed, then please do not reply with any firearm
related comments…thanks!)

HOUSE BILL NO. 246

INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL,
WARBURTON AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE
COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A
FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND
RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE. BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. may be cited
as the "Montana Firearms Freedom Act".

Section 2. Legislative declarations of authority. The
legislature declares that the authority for through 6] is the following: (1) The 10th amendment to the
United States constitution guarantees to the states and
their people all powers not granted to the federal
government elsewhere in the constitution and reserves to the
state and people of Montana certain powers as they were
understood at the time that Montana was admitted to
statehood in 1889. The guaranty of those powers is a matter
of contract between the state and people of Montana and the
United States as of the time that the compact with the
United States was agreed upon and adopted by Montana and the
United States in 1889. (2) The ninth amendment to the United
States constitution guarantees to the people rights not
granted in the constitution and reserves to the people of
Montana certain rights, as they were understood at the time
that Montana was admitted to statehood in 1889. The guaranty
of those rights is a matter of contract between the state
and people of Montana and the United States as of the time
that the compact with the United States was agreed upon and
adopted by Montana and the United States in 1889. (3) The
regulation of intrastate commerce is vested in the states
under the 9th and 10th amendments to the United States
constitution, particularly if not expressly preempted by
federal law. Congress has not expressly preempted state
regulation of intrastate commerce pertaining to the
manufacture on an intrastate basis of firearms, firearms
accessories, and ammunition. (4) The second amendment to the
United States constitution reserves to the people the right
to keep and bear arms as that right was understood at the
time that Montana was admitted to statehood in 1889, and the
guaranty of the right is a matter of contract between the
state and people of Montana and the United States as of the
time that the compact with the United States was agreed upon
and adopted by Montana and the United States in 1889.(5)
Article II, section 12, of the Montana constitution clearly
secures to Montana citizens, and prohibits government
interference with, the right of individual Montana citizens
to keep and bear arms. This constitutional protection is
unchanged from the 1889 Montana constitution, which was
approved by congress and the people of Montana, and the
right exists, as it was understood at the time that the
compact with the United States was agreed upon and adopted
by Montana and the United States in 1889.

Section 3. Definitions. As used in ,
the following definitions apply: (1) "Borders of Montana"
means the boundaries of Montana described in Article I,
section 1, of the 1889 Montana constitution. (2) "Firearms
accessories" means items that are used in conjunction with
or mounted upon a firearm but are not essential to the basic
function of a firearm, including but not limited to
telescopic or laser sights, magazines, flash or sound
suppressors, folding or aftermarket stocks and grips,
speedloaders, ammunition carriers, and lights for target
illumination. (3) "Generic and insignificant parts" includes
but is not limited to springs, screws, nuts, and pins. (4)
"Manufactured" means that a firearm, a firearm accessory, or
ammunition has been created from basic materials for
functional usefulness, including but not limited to forging,
casting, machining, or other processes for working
materials.

Section 4. Prohibitions. 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.

Section 5. Exceptions.

does not apply to: (1) A
firearm that cannot be carried and used by one person; (2) A
firearm that has a bore diameter greater than 1 1/2 inches
and that uses smokeless powder, not black powder, as a
propellant; (3) ammunition with a projectile that explodes
using an explosion of chemical energy after the projectile
leaves the firearm; or (4) a firearm that discharges two or
more projectiles with one activation of the trigger or other
firing device.

Section 6. Marketing of firearms. A firearm manufactured or
sold in Montana under must have the
words "Made in Montana" clearly stamped on a central
metallic part, such as the receiver or frame.

Section 7. Codification instruction.
are intended to be codified as an integral part of Title 30,
and the provisions of Title 30 apply to 6].

Section 8. Applicability. applies to firearms,
firearms accessories, and ammunition that are manufactured,
as defined in

, and retained in Montana after
October 1, 2009.

"free of any significant federal control."

Just like the Baking industry, Freddy Mac/Fannie Mae, Wall Street, an unaccounted X Trillion dollars to the federal reserve.

Montana's fire arms today, North Dakota's short range missiles tomorrow.
Montana's cheap unregulated pollution control free cars today, North Dakota's cheap unregulated pollution/safety free cars tomorrow.

That is why there is federal regulations. Some things should not be allowed on a state basis alone. Notice I said some things, take slavery for instance. But this is why California has strict pollution control laws... well because of the heavy amount of pollution in and around LA. Granted that has bled over into the other states and has influenced federal regulations but imagine if there were few if any regulations, cars from the 1950s driving around but with today's population(think Mexico city) and the environmental/health problems that would arise from that and the costs involved in dealing with that, as that saying goes "An ounce of prevention equals"....?. Plus today we need several industries that contribute to the economy through the production of the added amount of parts and tools required to work on those regulated cars/trucks/off road equipment, which somewhat balances it out. Granted it is not perfect, some things need to be improved but the go "hell with it I want to do it may way" is not he answer. That will lead, as it always does as we seen this through history, to the paragraph just above this one.

By the way, the feds are not coming to take the guns away. But then again, if one is unwilling to play with the toys responsibly, get all paranoid and attempt something stupid, they definitely will be taken away and the ones that will be doing it will have many more and quite larger weapons that will do a lot more damage. Food for thought.

This is not to say I have a problem with guns, it is because i have a problem with irresponsible people with guns.

[Warpy]

1. Mexico City is finally cleaning up

and the air is 40% cleaner than it was 10 years ago. They have a "clunker law," that states those cars can drive only every other day depending on the date and whether or not the tag number is even or odd. They've started to insist emissions controls be maintained on new cars.

I think the filthiest city now has to be Beijing, mostly because people there still heat and cook with compressed coal dust.

[dixiegrrrrl]

2. I am sorry this is not getting more comment. The real issue is pretty obvious.

We are in a "civilized" civil war.
The burgeoning push for "states rights" is covering deep issues and resentments.
I think it merits serious conversation.

but, on a semi-lighter but still serious side:

Let's assume a state makes a car.
Let's call the car ..I dunno...The Longhorn.
Would it be then legal to buy that car if I lived in New York?
Would it be legal to drive that car out of the state that made it?
What if Nevada decided to build the ..."Casino" car and put a tariff into place banning the Longhorn
from driving in Nevada?
Would states have to form reciprocal agreements about their state exclusive laws?

Would states accept a car called ....I dunno...let's say "Rainbow" built in Ca.
or "The Maple Car" from Vermont?
Would those cars be banned in other states?

Does that make any sense in these "United States" ??????

and is my sub-text clear enough?

[konnichi wa]

3. Non sequitur. The U.S. Constitution makes no reference to vehicles.

...