House Joint Resolution No. 5
HJ 5

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA URGING THE UNITED STATES CONGRESS TO REPEAL A FEDERAL ACT KNOWN AS THE BRADY LAW.

WHEREAS, in 1994, the United States Congress passed a law known as the Brady Law; and

WHEREAS, the Brady Law imposes federal restrictions on the ability of the people of Montana to obtain personal firearms; and

WHEREAS, the people of Montana have a long and honorable tradition of law-abiding ownership and use of firearms; and

WHEREAS, the unquestioned ability of lawful Montana citizens to obtain personal firearms has always been a significant feature of the culture of the people of Montana and a personal and individual right; and

WHEREAS, the people of Montana do not lightly accept outside influence that imposes significant changes on Montana traditions, culture, and individual and state rights; and

WHEREAS, Article II, section 12, of the Montana Constitution states that "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"; and

WHEREAS, the Attorney General of the State of Montana has said in reference to the Brady Law in his amicus appearance in Printz v. United States: "... Congress has unconstitutionally attempted to make the States mere administrative subdivisions of the federal government contrary to the sovereign powers reserved to them by the Tenth Amendment"; and

WHEREAS, the Brady Law is unnecessary for the people of Montana, is unwanted in Montana, is erosive of the authority reserved to Montana by the 10th amendment to the United States Constitution, is hostile to the spirit and intent of Montana's Compact with the United States, and is in conflict with the Montana Constitution; and

WHEREAS, there are problems with instant check systems, compilations of information on citizens, and fees levied for the checks.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

(1) That Congress is hereby notified that Montana is a claimant of its full sovereignty, the rights reserved to Montana by the United States Constitution, and the rights and prerogatives contained in and implied by Montana's Compact with the United States and is therefore urged to repeal the Brady Law.

(2) That the Secretary of State send copies of this resolution to the Montana Congressional Delegation with a request that this resolution be entered in the Congressional Record.