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Good news – HB 246

March 22, 2009

Our Montana-made guns bill, HB 246, passed the Montana House of Representatives on Third Reading today by a vote of 85-14, a good strong showing.

HB 246 declares that any firearms and ammunition made and retained in Montana are not subject to any federal regulation under the guise of Congress’s constitutional power to regulate “commerce among the states.”

HB 246 now moves to the Senate where it will almost certainly be assigned to the Senate Judiciary Committee. We hope that the Senate won’t want to tinker with HB 246, but just approve it.

Pasted below are the Representatives who voted AGAINST HB 246 on Third Reading today. These are ALL Democrats, but it should also be noted that 35 Democrats voted FOR HB 246 on Third Reading.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
===========================

Voting against HB 246 on House Third Reading, , 3/21/09

Barrett, Dick (D-Missoula)
Caferro, Mary (D-Helena)
Dickenson, Sue (D-Great Falls)
Driscoll, Robyn (D-Billings)
Furey, Timothy (D-Missoula)
Hands, Betsy (D-Missoula)
Henry, Teresa (D-Missoula)
Hollenbaugh, Galen (D-Helena)
MacDonald, Margaret (D-Billings)
McAlpin, Dave (D-Missoula)
Pease-Lopez, Carolyn (D-Billings)
Pomnichowski, JP (D-Bozeman)
Roundstone, J. David (D-Busby)
Sands, Diane (D-Missoula)

A message for you

March 22, 2009

Scores or hundreds of folks send me links to videos to watch on YouTube, Google and other sites. These range from under a minute to hours. Many of them come labeled “must watch.” Out of respect for the sender, or simple curiosity, I even watch many of them – certainly not all – there just isn’t enough time.

I almost never forward these video links to the MSSA list because I figure you’re awfully busy too.

However, I’ll make an exception to my own rule with this six-minute video. If you watch this, “I’m mad as Hell and I want my Country back,” I believe you’ll be glad you did.
http://www.youtube.com/watch?v=jeYscnFpEyA

I hope you’ll feel the same outrage as the speaker – as I do. If you do, I hope it won’t be brief outrage, but that you’ll commit to spending a minimum of 10% of your time and energy, forever, to fixing these problems that we all recognize.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

HB 443 hearing – next Tuesday

March 21, 2009

HB 443 slipped out of the House when we weren’t looking and is now in the Senate, scheduled for a hearing before the Senate Fish and Game Committee next Tuesday, March 24th.

HB 443 basically authorizes FWP to manage EVERY form of wildlife they don’t yet manage, huge mission creep for them. It gives FWP authority to manage “any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal …” This authority is sought by a run-amok agency that will not even admit that wolves are ravaging our elk herds. Now they want to “manage” (spend money on) mice, snakes and snails. Actually, HB 443 is a stealth attempt for FWP to once again gain regulatory authority over Prairie Dogs. FWP drools over the idea of being able to regulate a species as widespread and plentiful as Prairie Dogs.

I HIGHLY recommend that you send messages to the Senate Fish and Game Committee members asking them to oppose and simply table HB 443.

Just FYI, I’ll paste below my comment already sent in to SF&G committee members concerning HB 443.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

===============================

Dear Senator Xxxxx,

In HB 443, the Montana Department of Fish, Wildlife and Parks seeks the most significant leap in mission creep in its history. Actually, this mission leap request is a stealth effort in FWP’s quest to sweep Prairie Dogs into its regulatory net, at least that’s the view of the FWP-supported Prairie Dog Working Group.

MSSA opposes regulation of such a plentiful and widespread species as Prairie Dogs, as former sessions of the Legislature have agreed. Under HB 443, FWP would have authority to regulate (“manage”) not only Prairie Dogs, but EVERYTHING, the absolute dream of every regulatory bureaucracy.

And, the fiscal note is a joke. Isn’t it interesting that if the Legislature requires something simple of FWP that FWP doesn’t want to do, the FWP-generated Fiscal Note will run millions of dollars and require busloads of new FTEs? But when FWP wants management authority over every form of wildlife yet unregulated, there is no cost – only “staff time.”

Under HB 443, FWP would not only assume management of millions of Prairie Dogs, but of mice, shrews, gophers, magpies, snakes, lizards and who knows what else. In order for FWP to properly manage all these
animals, it will need to embark on years of biological studies that will absorb thousands or tens of thousands of man-hours. This is not how hunters and anglers wish their contributions to FWP spent. This
Legislature may not see the request for more money buried in the current FWP budget, but you can bet that future sessions will see demand for endless funding for development and implementation of the Montana Mouse Management Plan.

Please table HB 443. FWP doesn’t need more mission. FWP needs to focus on existing mission.

Sincerely yours,

Gary Marbut
President

HB 246 Success – Second Reading House

March 20, 2009

HB 246, our Montana-made guns bill, passed Second Reading in the House with a vote of 80-20.

In case you’re interested, I’ll paste below the names of the 20 Representatives who voted against HB 246 this time, all Democrats (although 30 Democrats voted FOR HB 246 today).

HB 246 should be up on Third Reading, the final House vote, tomorrow. It’ll be interesting to see if any of the “Nay” votes switch to “Aye” on Third Reading.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
———————————————-
Voted AGAINST HB 246 on House Second Reading on 3/20/09

Barrett, Dick
Belcourt, Tony
Caferro, Mary
Dickenson, Sue
Driscoll, Robyn
Furey, Timothy
Hands, Betsy
Henry, Teresa
Hollenbaugh, Galen
Jopek, Mike
MacDonald, Margaret
Malek, Sue
McAlpin, Dave
Noonan, Art
Pease-Lopez, Carolyn
Pomnichowski, JP
Sands, Diane
Sesso, Jon
Villa, Dan
Wilson, Bill

New Wolf Control Facts

March 20, 2009

Note: The following article was originally printed in The Outdoorsman No. 33, February 2009 by the publisher, George Dovel. With his permission, I am republishing for Black Bear Blog readers.

Before I present the current Idaho wolf population data, the following highlights from the Alaska Board of Game wolf and bear control program approved in early March 2009 are very interesting. Because Alaska DFG Biologists are the undisputed experts in North American wolf research and in state control of wolves adversely impacting big game populations, this information should be read and discussed by every legislator and biologist involved in the wolf delisting process.

In early February, 2009, before the AK Game Board even met to consider requests for wolf control, Defenders of Wildlife (DOW) mounted a television campaign in opposition to aerial wolf control, using Hollywood actress Ashley Judd as its spokesperson. Judd called aerial killing of wolves “senseless savagery,” and attacked Alaska Gov. Sarah Palin for approving the practice (ID and MT take note). Read more

Alert – HB 246 up tomorrow

March 20, 2009

HB 246, our Montana-made guns bill, is up for Second reading (again) on the House floor tomorrow. Send messages!

You will remember that the purpose of HB 246 is to set up a challenge to the authority of Congress to regulate everything under the “commerce clause,” that provision of the U.S. constitution giving Congress the power to regulate “commerce among the states.” HB 246 declares that the feds have no authority over guns or ammo made and retained in Montana – None.

HB 246 passed the House on Second Reading once, but was re-referred to the House Appropriations Committee, because of the Fiscal Note attached to the bill. HB 246 require the Montana Attorney General, Steve Bullock, to file a declaratory judgment lawsuit in federal court to vet the challenge HB 246 sets up. Bullock complained that the 50 attorneys working for him in the Department of Justice just aren’t up to handling this lawsuit, so he’d have to spend $60,000 to hire outside counsel for the suit. That was the Fiscal Note – $60,000 for Bullock to hire outside attorneys for the proposed lawsuit. Well, I guess Bullock knows best what caliber of attorneys he employs in Helena.

In order to avoid a money fight that might doom HB 246, the Appropriations Committee was asked to strip out the provision requiring the AG to file a lawsuit (we’ll have to file it ourselves). With that done, HB 246 passed Appropriations 20-0.

Now, HB 246 is rescheduled for Second Reading again on the House Floor, TOMORROW.

Please get messages to your Representative in the House, and any other representatives you wish, asking them to please support HB 246 on Second Reading tomorrow, and on Third Reading after that.

In case you care to focus your comments on those Representatives who voted AGAINST HB 246 when it was on Second Reading before, I’ll paste their names below.

Thanks for your help with this.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

==============================

Augare, Shannon
Barrett, Dick
Beck, Paul
Becker, Arlene
Belcourt, Tony
Bergren, Bob
Blewett, Anders
Boss Ribs, Frosty
Caferro, Mary
Campbell, Margarett
Dickenson, Sue
Driscoll, Robyn
Ebinger, Bob
French, Julie
Furey, Timothy
Grinde, Wanda
Hamilton, Robin
Hands, Betsy
Henry, Teresa
Hollenbaugh, Galen
Hunter, Chuck
MacDonald, Margaret
Malek, Sue
McAlpin, Dave
McChesney, Bill
McClafferty, Edith (Edie)
Noonan, Art
Noonan, Pat
Pease-Lopez, Carolyn
Phillips, Mike
Pomnichowski, JP
Reinhart, Michele
Sands, Diane
Sesso, Jon
Villa, Dan
Wilmer, Franke

Report HB 228, HJ 14, SB 183

March 18, 2009

A bunch of pro-HB 228 folks showed up at the hearing today – THANKS SO MUCH TO ALL OF YOU WHO CAME!!!!!!

A larger bunch of police officers, sheriffs and county attorneys showed up to oppose HB 228. Sheriffs were led by Sheriff Anderson of Lincoln County, current president of the Montana Sheriffs and Peace Officers Association. HB 228 was also opposed by a batch of folks representing various aspects of the Montana University system. That is a bit of a mystery because HB 228 basically will not affect the U. system.

After hearing the testimony of proponents and opponents, HB 228 was assigned by Senate Judiciary Committee chairman Gary Perry (R-Bozeman) to a subcommittee made up of senators Jim Shockley (R-Victor), Dan McGee ((R-Laurel) and Larry Jent (D-Bozeman). Senator McGee will chair this subcommittee.

Brian Judy of the NRA and I have discussed with Senator Shockley several amendments to HB 228 that in net, will have little overall effect on the bill. They will improve some sections and mildly hamper some sections. But, if the proposed (so far) Shockley amendments are applied at the recommendation of the subcommittee, HB 228 will remain in pretty good shape. Many of the proposed amendments are to rephrase and tighten up language in HB 228 – no loss. Some gain some ground for gun owners, and some concede a bit of ground, but nothing fatal to any section of the bill.

The subcommittee must render its report to the full Committee within one week. I will be working with subcommittee members concerning concepts and language.

Senator Larry Jent (D-Bozeman) asked a series of full-auto questions of witnesses, questions that were clearly hostile to HB 228. We may need to begin calling him full-auto Larry.

Stay tuned on HB 228.

In the hearing on HJ 14, supporting the Department of Interior regulation change to allow self defense in National Parks, there were a number of proponents and only the Montana Human Rights (no human rights in National Parks) Network, an entity that is irrelevant. I predict that HJ 14 will clear Committee with no problem. There was a suggestion by Senator Jesse Laslovich (D-Anaconda) about dropping the section that urges the Montana Attorney General to intervene in a lawsuit by the Brady Bunch in D.C. to block the new DoI regulations.

The hearing on SB 183 (MSSA’s Wolf Recovery Act) was held in the Senate Finance and Claims Committee while the rest of us were tied up in the Senate Judiciary Committee, so we were unable to attend. I’m told that sponsor and MSSA Board member Senator Joe Balyeat did a good job of presenting information about the SB 183 Fiscal Note to Committee members. Stay tuned on SB 183 too.

That’s the report.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

Flash – Military brass destruction policy reversed

March 18, 2009

*Scroll down for an update*

I just received a phone call from the office of U.S. Senator Tester of Montana to inform me that at 5:15 (EST) today a letter cosigned by Senator Tester (D-MT) and Senator Baucus (D-MT) was faxed to the Department of Defense asking DoD to reverse its new policy requiring destruction of fired military cartridge brass. At 5:30, I am told, Tester’s office received a fax back from DoD saying that the brass destruction policy IS reversed.

Others report to me that they are already seeing evidence of this on the Websites of entities that liquidate surplus DoD commodities.

Our thanks go out to Senator Tester and Senator Baucus, and their staff, for getting on this problem promptly and making the reversal happen

Staff for Tester and Baucus promise they will get me the documentation for this reversal tomorrow morning. I’ll forward that when I get it.

*Update*

This policy has since been reversed. For more on the official notice of this event, click this link.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

DOD: Upon Further Review, Spent Military Brass Will Be Sold

March 18, 2009

*Hat tip to reader Jason*

A reader has sent me a copy of a letter that was sent to a person of inquiry concerning the ruling about the Department of Defense’s announcement that they would mutilate all military spent brass. It appears, according to the letter, that “upon review” it has been decided to go ahead and allow the sale of non-mutilated brass. Read more

About Tuesday – Defense, Parks and Wolves

March 15, 2009

On Tuesday morning (3/17), we have public hearings for HB 228 (Self Defense), HJ 14 (Guns in National Parks) and SB 183 (Wolves).

HB 228 and HJ 14 hearings will be before the Senate Fish and Game Committee in Room 303 of the Capitol (just off the east side of the Rotunda overlook) beginning at 9 AM.

The SB 183 hearing will be before the Senate Finance and Claims Committee in Room 317 of the Capitol (east end of the Third Floor), beginning at 10 AM.

I predict that the hearings on HB 228 and HJ 14 will last past 10 AM. That’s a dilemma I don’t know how to solve.

The hearing on SB 183 should focus on the Fiscal Note. Both the Committee Chairman and bill sponsor Senator Balyeat have asked that testimony in re SB 183 be kept brief and limited to discussion of the Fiscal Note. They hope to have a short hearing.

They may have a very short hearing if those of us also present for HB 228 and HJ 14 cannot make it to the hearing on SB 183 by 10 AM.

Note: If you speak to the Judiciary Committee about HB 228 or HJ 14, you will be expected to stick around until the conclusion of the hearing in case there are any questions Committee members wish to ask you.

Hope to see you in Helena on Tuesday. If you can’t attend, be sure to send messages to the senators on the appropriate committee asking for their support.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

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