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HOUSE JOINT RESOLUTION NO.
INTRODUCED BY ____________________
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
THE STATE OF MONTANA RECOGNIZING THAT THE RIGHT TO KEEP AND BEAR ARMS
IS UNQUESTIONED AND IS ESSENTIAL FOR THE PROTECTION OF THE CITIZENS AND
THE STATE; AND PROVIDING THAT TO ENSURE THE SAFETY AND PROTECTION OF
THE CITIZENS AND THE STATE, ALL MEMBERS OF THE UNORGANIZED MILITIA OF
THE STATE ARE URGED TO OWN, POSSESS, AND MAINTAIN FIREARMS AND
AMMUNITION SUITABLE FOR SERVICE IN THE MILITIA AND ARE SUPPORTED IN
SUCH OWNERSHIP, POSSESSION, AND MAINTENANCE.
WHEREAS, the second amendment to The Constitution of
the United States provides that: "A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms shall not be infringed"; and
WHEREAS, Article II, section 12, of The Constitution
of the State of Montana provides 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, Article VI, section 13, of The Constitution of the State of Montana provides that:
"(1) The governor is commander-in-chief of the
militia forces of the state, except when they are in the actual service
of the United States. He may call out any part or all of the
forces to aid in the execution of the laws, suppress insurrection,
repel invasion, or protect life and property in natural disasters.
(2) The militia forces shall consist of all
able-bodied citizens of the state except those exempted by law"; and
WHEREAS, section 10-1-103 of the Montana Code Annotated provides that:
"Classes of militia. The classes of the militia are:
(1) the organized militia, which consists of the national guard and the Montana home guard;
(2) the unorganized militia, which consists of the
members of the militia who are not members of the organized militia";
and
WHEREAS, the Montana National Guard, the organized
militia of the State of Montana, has been held by the United States
Supreme Court to be a unit of the United States armed forces (see
Perpich v. Department of Defense, 496 U.S. 334, 110 S.Ct. 2418 (1990))
and may be called out of the boundaries of the state by the federal
government to duty in other parts of the nation or the world; and
WHEREAS, the federal government has passed laws that
are not consistent with the protection and safety of the State of
Montana and its citizens; and
WHEREAS, it is recognized that the State of Montana
and its citizens may be in need of help and protection in the event of
a natural disaster, insurrection, invasion, or other crisis that might
arise within the state when the organized militia may be out of Montana
in the actual service of the United States; and
WHEREAS, it has been documented that those who
drafted the second amendment to the United States Constitution intended
the words "well regulated militia" to mean the whole body of citizens
being well-equipped and well-practiced with arms and organized to
operate and respond in locally organized groups.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the Senate and the House of Representatives
declare that the right to keep and bear arms is unquestioned and is
essential for the protection of the citizens and the state and that to
ensure the safety and protection of the citizens and the state, all
members of the unorganized militia of the state are urged to own,
possess, and maintain firearms and ammunition suitable for service in
the militia and are supported in such ownership, possession, and
maintenance.
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