The 2nd Amendment is clear; the federal government has no right to limit, restrict, or infringe upon the ownership of firearms by private citizens. States, however, can determine their gun laws themselves, independent from any federal government regulations.
The federal government has been using the often misused and misrepresented Commerce Clause as an excuse to regulate guns, so Montana came up with a way around that unconstitutional move by the feds. Montana, in an attempt to flex their right to states' rights, has passed a bill proclaiming that guns manufactured in Montana and sold in Montana to people who plan to keep the guns in Montana be exempt from federal gun registration, background check, and dealer-licensing rules because no state lines were crossed - thus eliminating the federal government's claim to being able to use the Commerce Clause.
If the feds, via the ATF, tries to proclaim the legislation is unlawful, Montana plans to take it all the way to the Supreme Court - the same court that upheld the 2nd Amendment in the Washington DC case.
-- Political Pistachio Conservative News and Commentary
Montana fires a warning shot over states’ rights - MSNBC
Montana gun law really a shot for states' rights - Journal Now
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