Here is another link I found
scottwagner.blogspot.com...
Montana politicians are now on record in suggesting that a “Collective Rights” Supreme Court ruling in the Washington, D.C. gun ban case would
violate an agreement made with the United States when their state joined the union one hundred and nineteen years ago.
Montana Secretary of State Brad Johnson sent a letter to the Washington Times, and many Montana politicians have signed onto a resolution, notifying
the United States Supreme Court that any “Collective Rights” holding in the D.C. V. Heller case, currently before the court, will violate
Montana’s compact with the United States by which it entered the union in 1889. Secretary of State Brad Johnson’s Communications Director, Mr.
Bowen Greenwood, confirmed the resolution by telephone with me this afternoon.
The text of the resolution is as follows.
AN EXTRA-SESSION RESOLUTION OF INDIVIDUAL LEGISLATORS OF THE 60TH MONTANA LEGISLATURE AND OTHER ELECTED MONTANA OFFICIALS URGING THE UNITED STATES
SUPREME COURT THAT ANY "COLLECTIVE RIGHTS" HOLDING IN D.C. V. HELLER WILL VIOLATE MONTANA'S COMPACT WITH THE UNITED STATES, THE CONTRACT BY WHICH
MONTANA ENTERED THE UNION IN 1889.
WHEREAS, the United States Supreme Court (Court) has agreed to review and decide the case of D.C. v. Heller appealed to it from the D.C. Circuit
Court of Appeals;
WHEREAS, the Court has agreed to consider the question, "Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and
7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep
handguns and other firearms for private use in their homes";
WHEREAS, when the Court determines in Heller whether or not the Second Amendment secures an individual right, the Court will establish precedent
that will affect the State of Montana and the political rights of the citizens of Montana;
WHEREAS, when Montana entered into statehood in 1889, that entrance was accomplished by a contract between Montana and the several states, a
contract known as The Compact With The United States (Compact), found today as Article I of the Montana Constitution;
WHEREAS, with authority from Congress acting as agent for the several states, President Benjamin Harrison approved the Montana Constitution in
1889, which secured the right of "any person" to bear arms, clearly intended as an individual right and an individual right deemed consistent then
with the Second Amendment by the parties to the contract;
WHEREAS, the wording of the Second Amendment and the Montana right to bear arms, now Article II, Section 12, exist today in form and wording
identical to that agreed upon by the citizens of Montana and the United States in 1889 and unchanged since then; and
WHEREAS, a contract, compact or treaty must be implemented consistent with the terms and understandings in place at the time entered into.
THEREFORE BE IT RESOLVED by the undersigned members of the 60th Montana Legislature as follows:
1. That any form of "collective rights" holding by the Court in Heller will offend the Compact; and
2. That the Second Amendment and the Montana right to bear arms are both statements securing a preexisting right from government interference, and
do not confer any boon of government upon the people; and
3. The level of review for the Montana right to bear arms and for the Second Amendment are specified within those declared rights -- "shall not
be infringed" for the Second Amendment, and "shall not be called in question" for the Montana right to bear arms;
4. Montana reserves all usual rights and remedies under historic contract law if its Compact should be violated by any "collective rights"
holding in Heller;
5. The undersigned incorporate by reference here a more thorough, attached explanation of the contract argument advanced; and
6. The undersigned legislators appreciate the attention of the Court to this argument on behalf of Montana and its citizens.
Including the Montana Secretary of State, the initial 39 signers of the resolution include Montana United States Congressman Denny Rehberg, and
various Democrat and Republican Montana state legislators.
In addition to the 2nd Amendment of the United States Constitution, Section 12 of the Montana State Constitution guarantees the right to bear arms.
The text is as follows:
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.
We in Montana, who are tired of seeing our United States Constitutional Rights violated in many areas, applaud this declaration by our lawmakers and
are happy that they are in effect drawing a line in the sand. Perhaps we can also get them to do something similar regarding the 4th Amendment and the
FISA reauthorization that was passed by the United States Senate currently under consideration in the House.
Links:
Montana, the Second Amendment and D.C. v. Heller:
www.progunleaders.org...
Letter to Washington Times:
www.washingtontimes.com.../20080219/EDITORIAL/646772049&template=nextpage
