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.

Supporting argument

  Elected officials in concurrence:

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