Gun Control & RKBA

SecularMotion

(7,981 posts) Wed Nov 4, 2015, 08:38 AM Nov 2015

Can a city pass its own gun reform in a politically red state?

MISSOULA, Mont. – For Hayes Otoupalik, guns aren’t just a hobby. They’re a way of life.

The history buff has been trading and selling guns, both modern and relic, for most of his life. He’s also run the Missoula Gun Show, one of the oldest and largest in the country, for nearly 50 years without issue.

But that was before near-daily mass shootings and rising rates of gun violence thrust the gun control debate back into the spotlight, even in Montana, one of the most pro-gun states in America.

Now, Otoupalik finds himself at the other end of a movement in Missoula that's taking on outdated gun laws through a city ordinance that would require background checks on all nearly private gun sales, including at gun shows – something not required by the state.

http://america.aljazeera.com/watch/shows/america-tonight/articles/2015/11/3/montana-missoula-gun-laws-background-checks.html

8 replies

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Can a city pass its own gun reform in a politically red state? (Original Post) SecularMotion Nov 2015 OP

Not in Montana. GGJohn Nov 2015 #1

Montana’s state code SecularMotion Nov 2015 #2

Maybe, it remains to be seen if the state legislature will allow it. GGJohn Nov 2015 #3

Odd....a few can take the rights from many....not very progressive that's for sure. ileus Nov 2015 #4

Do you mean like how a single mass shooter can take away the lives and rights of a dozen people? LonePirate Nov 2015 #5

You must have loved the Patriot Act hack89 Nov 2015 #6

Funny how that works for control fans DonP Nov 2015 #7

Counties can in blue states, apparently. beevul Nov 2015 #8

GGJohn

(9,951 posts)

1. Not in Montana.

Reply to SecularMotion (Original post)

Wed Nov 4, 2015, 08:50 AM

Nov 2015

Montana has a state pre-emption law, whereas only the state can set firearm laws.

https://en.wikipedia.org/wiki/Gun_laws_in_Montana

State Preemption of local restrictions?

Yes M.C.A 45-8-351

Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction or a school. Localities may also regulate the possession of firearms by felons, minors, illegal aliens, or the mentally incompetent.

SecularMotion

(7,981 posts)

2. Montana’s state code

Reply to GGJohn (Reply #1)

Wed Nov 4, 2015, 08:52 AM

Nov 2015

Montana’s state code allows local governments to enact laws that prevent minors, criminals, non-citizens and the mentally ill from getting a hold of guns. Kendall says the proposed ordinance in Missoula would do that. In a statement this week, police chiefs across the U.S. said they support universal background checks as well.

GGJohn

(9,951 posts)

3. Maybe, it remains to be seen if the state legislature will allow it.

Reply to SecularMotion (Reply #2)

Wed Nov 4, 2015, 08:57 AM

Nov 2015

It would be better if it was done on the state level rather than a patchwork of firearm laws that differ from locality to locality.

ileus

(15,396 posts)

4. Odd....a few can take the rights from many....not very progressive that's for sure.

Reply to SecularMotion (Original post)

Wed Nov 4, 2015, 09:00 AM

Nov 2015

LonePirate

(13,874 posts)

5. Do you mean like how a single mass shooter can take away the lives and rights of a dozen people?

Reply to ileus (Reply #4)

Wed Nov 4, 2015, 09:10 AM

Nov 2015

Which is worse for you?

hack89

(39,179 posts)

6. You must have loved the Patriot Act

Reply to LonePirate (Reply #5)

Wed Nov 4, 2015, 09:19 AM

Nov 2015

it was passed to make us safer.

DonP

(6,185 posts)

7. Funny how that works for control fans

Reply to hack89 (Reply #6)

Wed Nov 4, 2015, 09:59 AM

Nov 2015

They hate Bush/Cheney ... until they realize they can use things like the Terrah Watch List and the Patriot Act to strike back at gun owners.

Then, all of a sudden; "well maybe there are some good ideas there in the right hands".

Like our dearly departed banned member, who hated on Scott Walker .... until he banned carry in some state buildings, then he was applauding him.

Situational ethics and flexible principles are fun to watch in action.

beevul

(12,194 posts)

8. Counties can in blue states, apparently.

Reply to SecularMotion (Original post)

Wed Nov 4, 2015, 03:48 PM

Nov 2015

COOS COUNTY CRUSHES ANTI-GUN LAW

11.04.15

In another stunning rebuke to the billionaire funded, anti-rights crazies, the people of Coos County have passed a Second Amendment Preservation Ordinance that nullifies dangerous and unconstitutional laws like SB 941.

Coos County Commissioner Bob Main is a strong supporter of gun rights, but the other two Commissioners, John Sweet and Melissa Cribben have served as nothing but road blocks to the defense of liberty, so the people went around them.

This effort, led by Coos County resident Rob Taylor, is one more nail in the coffin of lies spewed by the supporters of more restrictions on your civil liberties.

While the likes of Val Hoyle and Floyd Prozanski constantly parrot the false statistic that almost “90%” of Oregonians want more of their rights taken away, this measure passed with over 60% of the vote.

http://www.oregonfirearms.org/coos-county-crushes-anti-gun-law

Probably not what you were looking for.

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