In a joint resolution from the Montana leaders, including Congressman Denny Rehberg, they caution that should the Supreme Court decide to change the U.S. interpretation of the 2nd Amendment and allow those rights to apply only collectively, it would violate the contract under which Montana entered the union as a state.
“The Montana Resolution cautions that a collective rights decision would violate the Montana contract for statehood because when that contract was entered the collective rights interpretation had not yet been invented and the individual right view was an accepted part of the contract,” an announcement from the leaders said.
“A collective rights decision in [the pending court case] Heller would not only violate Montana’s contract for statehood, but also Montana’s customs, culture and heritage.
The government’s position is available in a document submitted by by U.S. Solicitor General Paul D. Clement. He said since “unrestricted” private ownership of guns clearly threatens the public safety, the 2nd Amendment can be interpreted to allow a variety of gun restrictions.
“Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the Second Amendment,” Clement wrote in the brief.
Because of the specifics of the D.C. case, the ultimate ruling is expected to address directly whether the 2nd Amendment includes a right for individuals nationwide to have a gun or whether local governments can approve whatever laws or ordinances they desire to restrict firearms.
The amendment reads, “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.”