Montana Firearms Act Faces Continued Legal Issues, Brady Campaign Rejoices
Posted by FirearmsTruth on September 3, 2010 · 1 Comment
Unfortunately this has been a good week for the Brady Campaign. The group’s President Paul Helmke seemed pleased to issue a statement in response to a U.S. magistrate judge’s recommendation to dismiss a lawsuit by groups in support of Montana’s “Firearms Freedom Act.”
“The gun lobby’s so-called ‘Freedom Acts’ would threaten public safety by circumventing lifesaving federal laws.”
Clearly, this shows Helmke’s and his group’s true colors. These people don’t want “reasonable” gun laws, they want a total ban on all guns, and it is clear as they rejoice over this ruling, and the ban on the importation of M1 rifles from Korea.
The headline, “Montana Firearms Act Ruled Unconstitutional” is far from correct.
I wrote the Montana Firearms Freedom Act, lobbied it through the Montana Legislature, and am the lone individual plaintiff in our federal lawsuit, MSSA v. Holder, intended to validate the principles of the MFFA.
The first event in the lawsuit was a predictable Motion to Dismiss by the feds. After briefing the Motion, and oral arguments on the Motion, a magistrate (not an Article III judge) has issued a recommendation that the Motion to Dismiss should be granted. There has been no ruling yet, just a recommendation. The federal judge will make a ruling within six months, probably. Even if the judge grants the Motion to Dismiss, that does not say the MFFA is unconstitutional, just that they don’t want to allow us to go to trial with our lawsuit to validate the MFFA.
Further, if the Motion to Dismiss is granted (likely), we will appeal to the 9th Circuit Court of Appeals. If the 9th Circuit upholds the District Court (again likely) we will appeal to the U.S. Supreme Court. Then, bingo, we’re exactly where we want and need to be to get the USSC to overturn a half century of Commerce Clause precedent.
So, we’re far from done, and nothing has been declared unconstitutional.
Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com