In an email alert today the Second Amendment Foundation announced:
GUN GROUPS FILE LAWSUIT TO VALIDATE MONTANA FIREARMS FREEDOM ACT
BELLEVUE, WA – The Second Amendment Foundation today joined with the Montana Shooting Sports Association in a federal lawsuit filed in Missoula to validate the principles and terms of the Montana Firearms Freedom Act (MFFA), which takes effect today, Oct. 1, 2009.
Lead attorney for the plaintiffs’ litigation team is Quentin Rhoades of the Missoula firm of Sullivan, Tabaracci & Rhoades, PC. The MFFA litigation team also includes other attorneys located in Montana, New York, Florida, Arizona and Washington.
“We’re happy to join this lawsuit,” said SAF founder Alan Gottlieb, “because we believe this issue should be decided by the courts.”
“We feel very strongly that the federal government has gone way too far in attempting to regulate a lot of activity that occurs only in-state,” added MSSA President Gary Marbut. “The Montana Legislature and governor agreed with us by enacting the MFFA. We welcome the support of many other states that are stepping up to the plate with their own firearms freedom acts.”
The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority under the power given to Congress in the U.S. Constitution to regulate “commerce … among the several states.” It relies on the Tenth Amendment and other principles to exempt Montana-made and retained firearms, accessories and ammunition from federal regulation. Marbut’s group advises Montana citizens not to manufacture an MFFA-covered item until MSSA is upheld in court.
Earlier this year, Tennessee passed similar legislation and lawmakers in 20 other states have indicated that they will introduce MSSA clone legislation, Marbut said. Information about the Firearms Freedom Act movement is being accumulated and made publicly available at firearmsfreedomact.com.
MSSA is the primary political advocate for Montana gun owners. It can be found at mtssa.org.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
See also the article in the Missoulian.
I wish them well and figure it will be at least worth buying some popcorn and cold drinks for watching the comedy.
While I’m not optimistic about the courts supporting liberty, I am foolishly hopeful.
Good luck Montana!
Gotta give ’em credit– they aren’t just rolling over, bitching, and taking it anymore. If this one doesn’t work, something else will. The point is, our side is on the move. More power to them.
They’re giving the anti-libertarians an opportunity to come along peacefully. That’s a bonus. It’s going above and beyond the call of duty.
Actually they may have a chance. SCOTUS has been less happy of the Commerce Clause. Plus with all the anti federal goverment ire out there. The 10th is a mechanism that courts may want to use to cut back federal encroachment.