Democrat State Party Platforms – Montana To New Jersey

window.dataLayer = window.dataLayer || [];
function gtag(){dataLayer.push(arguments);}
gtag(‘js’, new Date());

gtag(‘config’, ‘UA-115029161-1’);

The series on the state party platforms of the Democrat Party continues with Montana, Nebraska, Nevada, New Hampshire, and New Jersey.

Montana

The Montana Democrat Platform addresses firearms in the section on Hunting, Fishing, and Outdoor Recreation and in the section on Crime and Punishment. Under the Hunting section, it says:

The right to keep and bear arms as defined in both the Montana and the U.S. Constitutions.

That section goes on to say that they support public hunting as a game management tool.

The Crime and Punishment section says this regarding firearms:

Responsible ownership of firearms, including gun safety practices and the education and
supervision of children in the use of firearms.

That sounds good until you read their action agenda which says they will “Advocate policies that address and prevent gun violence.” The very use of the word “gun violence” (sic) indicates to me that they are blaming the firearm and not the person misusing it.

Nebraska

While Montana Democrats are somewhat circumspect about advocating for gun control, Nebraska Democrats are anything but circumspect.  Their platform calls for gun bans, a raise in the age to purchase a firearm to 21, red flag laws, an end to state preemption, and the elimination of the Protection of Lawful Commerce in Arms Act among other things.

From the 2018-202 Nebraska Democratic Party platform on firearms:

Firearms and
Gun Violence
Prevention

Nebraska Democrats recognize that gun violence is a serious problem that claims the lives of
tens
of thousands of Americans per year, injures many more, traumatizes countless others,
and
disproportionately impacts communities of color. We support the right of Americans to live
free
of gun violence. We recognize that gun violence is the consequence of an inadequately
regulated
consumer
market.



We support the repeal of the federal Protection of Lawful Commerce in Arms Act
(PLCAA),

which offers special immunities from liability to gun
manufacturers and sellers and
deprives
injured persons from their right to legal remedy in the
courts.



Nebraska Democrats support the right of communities to respond democratically to gun
violence
by passing local ordinances to address their needs. If gun
s are owned, they must be
used
responsibly. We support criminal and civil liability for those who do not safely secure their
guns.

We support a tax on weapons and ammunition to fund school security
measures.



We agree with the American Medical Association
’s proposals regarding firearms: limiting
the

purchase of guns to individuals 21 and over; supporting legislation that allows relatives
of

suicidal people or those who have threatened imminent violence to seek court

ordered
removal

of guns from the home; requesting better training for physicians to recognize patients at risk
for

suicide; and ensuring domestic abusers do not have access to
firearms.



The Nebraska Democratic Party further supports the American Academy of Pediatrics’
proposals to enact a strong, effective assault weapons ban, require mandatory background checks
and
waiting periods of all firearm purchases, enact a ban on high

capacity magazines, enact
strong
handgun regulations, and require safe firearm storage under federal
law.



We support scientific research into gun violence by the National Institutes of Health, the
Centers
for Disease Control, and other research
agencies.

Nevada

 It should come as no surprise that Nevada Democrats have gone full on gun control. They supported Bloomberg’s universal background check initiative and now are calling for much more gun control after last year’s Mandalay Bay murders. The days of a more libertarian approach to firearms by Nevada Democrats is long over especially with the number of immigrants from California. As to the Mandalay Bay murders, a motive is still not known and all the firearms were purchased legally including the bump fire stocks.

From the 2018 Nevada Democratic Party Platform:

GUN VIOLENCE PREVENTION


We support common sense gun safety and gun violence
prevention measures, because what happened on 1 October must
never happen again.



We support the right to bear arms in a responsible manner.
We oppose
“Stand Your Ground” laws.
We support banning bump stocks or any device
that makes a semi

automatic weapon fire like an automatic weapon. We
support a ban on assault weapons and high capacity magazines. We support
outlawing guns
on school campuses and keeping guns out of public and
government buildings. We support technology aimed at keeping children
safe and ensuring that firearms are stored safely in gun owners’ homes.
We
support the implementation and enforcement of the ballot
initiative that was
approved by the voters in 2016 to close the gun show loophole.
We oppose
any efforts by the Nevada Legislature to make it easier for potentially
dangerous people like convicted domestic abusers
,
violent criminals
,
stalkers
,
and those lawfully adjudicated as mentally ill to have easier access
to weapons. We support strict standards on reciprocity laws in Nevada that
protect our families and visitors. We support reporting gun injuries and
deaths as community health problems, and keeping statistics and studying
those statistics as a public health issue.

New Hampshire

The days of New Hampshire being the bedrock of New England conservatism is over. You can thank tax-avoiding migrants from Massachusetts for this. The New Hampshire Democratic Party’s platform does reflect this. I will say I’m a bit surprised that they haven’t called for an end to constitutional carry but that could reflect its popularity with voters.

From the NH Democratic Party 2018 final platform:

  • We believe
    in universal background checks
    to protect our communities from gun
    violence.
  • We believe that military

    style weapons, bump stocks, and high

    capacity magazine
    s do
    not belong on our streets.
  • We believe in the establishment of gun

    free zones in certain public places, such as
    schools
    ,
    as a means of reducing gun violence.
  • We support a ban on guns in and on the floor of our State House
    for the safety of our
    residents, guests
    ,
    and children
    who
    visit
    .

I do hate to break it to whomever wrote this platform but so-called gun-free zones do not reduce “gun violence”. They only put law abiding people at risk from predators and other psychopaths.

New Jersey

I think it was gun law attorney Evan Nappen who once said New Jersey is where gun rights go to die. He’s probably right. The NJ Democratic Party doesn’t publish a platform and according to Ballotpedia uses the Democratic National Committee’s platform. Given that, let’s look at the platform of Gov. Phil Murphy (D-NJ) when it comes to guns. He’s the key figure in state government so could have to the biggest – and worst – impact on gun rights in the Garden State. It includes a laundry list of things ranging from taxes on guns to so-called smart guns (sic).


In his 2017 campaign platform, he said:

Specifically, as governor Phil Murphy would:

  • Sign commonsense legislation that Christie vetoed: Phil Murphy would start by signing every piece of gun violence prevention legislation that Governor Christie has vetoed. These bills would have enacted bipartisan and sensible solutions, such as keeping guns out of the hands of gang members and domestic abusers.


  • Mandate gun safety training: No one should be able to purchase a firearm without first attending a gun safety training course.

  • Promote smart gun technology: We must regain our position as a leader in the smart gun movement by requiring all gun retailers to carry at least one smart gun once they are commercially available.

  • Keep guns out of the hands of those suffering with mental illness: New Jersey already requires background checks, but it should follow the lead of nearly half the states in the U.S. and require timely reporting of mental illness episodes to the national background check database.

  • Tax gun sales to prevent violence: All gun sales should be subject to a tax that will fund law enforcement, drug treatment centers, and mental health services.

  • Strengthen regulations on gun transfers: Phil Murphy would make it a crime to sell guns without conducting a mandatory background check, and would require individuals to register their firearms kept in the state.

  • Work with neighboring states to promote gun violence prevention: An estimated 80 percent of guns involved in crimes in New Jersey come from out of state. As governor, Phil Murphy will engage partners in neighboring states to find common ground on gun violence prevention efforts.

  • Direct the Attorney General to vigorously defend our gun laws: Governor Christie has allowed the Attorney General’s office to relax enforcement of our gun safety laws, including laws that prohibit illegally transporting guns into New Jersey from out of state. As governor, Phil Murphy would direct the Attorney General to vigorously defend and enforce our gun laws, rather than to act as an agent of the NRA.

With the exception of getting tough on gang members, there is not a thing in that list which would reduce criminal misuse of firearms. It is aimed at the law-abiding gun owner and not the criminal. As we have also seen, Murphy is actively anti-hunting with his ad hoc ban on hunting of bears on state lands. Murphy doesn’t even pretend to make lip service about supporting hunters.

Punching Back Twice As Hard

Everytown for Gun Safety (sic) likes to parachute their New York attorneys into states out West in order to push their gun control agenda. This is why you get initiatives in Nevada and Washington State and bills like in Colorado that read like New York law and not the laws of those respective states.

Another place Everytown has parachuted one of their carpetbagging attorneys is Missoula, Montana, They are successfully sought to have the City of Missoula adopt an ordinance that would force NICS checks on all private transfers even though this is in conflict with state law.  Attorney General Tim Fox issued an opinion on this matter which states, “the Montana Legislature has prohibited all forms of local government from exercising regulatory power over the purchase, sale or transfer of firearms.”

The city is home to the University of Montana. That plus the school system and the two hospitals are the largest employers in the city. As you might guess, the city trends liberal and tends to be a blue spot in a sea of red. Clinton beat Trump here 53% to 37%. It was only one of six Montana counties that Clinton carried out of a total of 56 counties.

However, Everytown and their carpetbagging attorney did not count on Gary Marbut and the Montana Shooting Sports Association. Using freedom of information requests, they established that Everytown attorney Jonas Oransky provided certain council members what appears to be legal advice on the Missoula ordinance and its legality. Mr. Oransky, however, is not licensed to practice law in the state of Montana. It is illegal in Montana like in most states to practice law without a license.

Marbut and the MSSA have filed a formal complaint with the Office of Disciplinary Counsel with copies to the Montana State Bar Association and the Montana Attorney General’s Office. Marbut had this to say:

“It is a criminal act in Montana for a person who is not licensed to practice law to hold himself out as an attorney and to provide legal advice or services. It would be disappointing if members of the Missoula City Council have relied on criminal acts of someone from New York City in formulating public policy deemed suitable for Montana people.”

The Office of Disciplinary Counsel is saying that they don’t have jurisdiction over Mr. Oransky. However, both the State Bar and the Attorney General’s Office say they are investigating the matter. Mr. Oransky declined to comment to local radio station KGVO on the issue. Missoula Councilman Bryan von Lossberg confirmed that he reached out to Mr. Oransky for advice but said he was not under any retainer.

Bar associations tend to be very protective of their local turf and do not take kindly to unlicensed, out of state attorneys practicing law in their state. This is a great move on the part of the Montana Shooting Sports Association. Other local and state gun rights organizations would be wise to emulate them and use their own state’s FOIA to dig into communications between public officials and Everytown. Where it can be established that apparent legal advice was given, it’s time to nail them if the attorney is not licensed in that state. Carpetbaggers who connive with local scallywags to limit enumerated civil rights should be dealt with harshly.

Constitutional Carry Passes Montana House

From the NRA:

Permitless Carry Passes Montana House; Pending in State Senate

Tuesday, April 12, 2011

Today, the state House voted 69 to 29 to adopt the Conference Committee report for NRA-supported House Bill 271. Sponsored by state Representative Krayton Kerns (R-Laurel), the current language of HB 271 simply says that the prohibition on concealed carry does not apply to “a person who is eligible to possess a handgun under state or federal law.”

Existing law allows any person who can legally own and possess a firearm to carry it openly, either loaded or unloaded, anywhere in the state, including within city limits. Additionally, law-abiding citizens are authorized to carry firearms concealed, without a permit, anywhere outside city limits. Law-abiding citizens do not suddenly turn into criminals when they cross the arbitrary boundary into a city. It makes no sense to allow them to carry concealed without a permit on one side of the line but not the other!

HB 271 is still pending for a vote in the state Senate to concur on the Conference Committee report. Please contact your state Senator TODAY and respectfully urge him or her to support the Conference Committee amendment to House Bill 271. Legislators can be reached via phone at (406) 444-4800 and via e-mail by clicking here. If you need help identifying your state Senator, please click here.

Thank you for working hard to ensure that HB 271 becomes a reality!