BOZEMAN, MONT. — Frustrated by the expanded power of Washington, a growing number of state lawmakers are defying the federal government and passing legislation aimed at rolling back the reach of Congress and President Obama.
While many measures are symbolic ones declaring the sovereignty of states, some Westerners are taking more dramatic steps. One Utah lawmaker wants to limit federal law enforcement in his state. In Montana, legislators enacted a bill that flagrantly ignores federal firearm restrictions, hoping to force a constitutional showdown.
For The Record
Los Angeles Times Wednesday, June 17, 2009 Home Edition Main News Part A Page 4 National Desk 1 inches; 46 words Type of Material: Correction
Western politics: An article in Tuesday's Section A about the state sovereignty movement referred to legislation being considered for introduction next year in Montana that would make the sheriff the top law enforcement official in each county. The state Legislature does not meet again until 2011.
Supporters of the bill want the Supreme Court to eliminate gun controls and, eventually, curtail Washington's ability to set policy on a wide range of issues, including education, civil rights, law enforcement and land use.
"It's about states' rights," said state Rep. Joel Boniek, an independent-turned-Republican from nearby Livingston, who introduced the bill. "Guns are just the vehicle."
The Montana Firearms Freedom Act seeks to exempt from federal regulation any firearm, gun component or ammunition made and kept within the state's borders. The legislation, signed by Democratic Gov. Brian Schweitzer, becomes law Oct. 1, though federal officials will likely act quickly to keep the measure from taking effect.
Legal experts are skeptical Montana will prevail in court, and even some proponents express their doubts. But supporters say the fight is a necessary step to change Washington's attitude. Similar bills have been introduced in nearly a half dozen states, and lawmakers in about a dozen more have expressed interest.
"We need 15, 25, 30 states to pass these types of legislation, so that we send a clear message to the country and to the national government," said Utah Rep. Carl Wimmer, a Republican from suburban Salt Lake City.
In addition to supporting a version of Montana's gun law, Wimmer is drafting legislation that would forbid local authorities to help enforce federal statutes inside Utah -- another bill that, if passed, would surely trigger a court fight.
"The national government has gained more and more power . . . to a point where we're simply subjects of the ruling masters in Washington, D.C.," said Wimmer, who has established an organization, the Patrick Henry Caucus, to rally like-minded lawmakers from other states. "That is not the way this country and this government were set up."
