On Saturday, the Montana Senate gave final approval to a bill that would take big steps toward making the state a sanctuary for gun rights by prohibiting state enforcement of most federal acts restricting firearms, magazines or ammunition. If signed into law, it would effectively stop any such federal acts in practice within the state.The position in favor of Montana but against Maryland would be that the Federal government does indeed have lawful authority to regulate immigration, but that the 2nd Amendment's "shall not be infringed" clause strips that authority with regards to firearms. Now, that is clearly not the Federal government's opinion of the matter -- not even under Heller. Still, it is a plausible textual reading of the Constitution.
Sen. Cary Smith (R-Billings) introduced Senate Bill 99 (SB99) on Jan. 9. The legislation would prohibit any state or local government employee, or law enforcement officers, from enforcing, assisting in the enforcement of, or in any way cooperating with enforcement of a federal ban on firearms, magazines, or ammunition. The proposed law specifically prohibits participating in any federal enforcement action implementing such a ban....
The legislation would also prohibit expending or allocating public funds or resources for the enforcement of such federal acts on firearms, magazines or ammunition.
Thoughts?
