Gun case defying feds heads to appeals court

Post anything and everything related to guns here...
Site Admin
Posts: 7781

Gun case defying feds heads to appeals court

Post#1 » Tue Jan 18, 2011 9:49 am

Gun case defying feds heads to appeals court
Challenge suggests Washington can't regulate in-state commerce
Posted: October 03, 2010
10:23 pm Eastern

By Bob Unruh © 2010 WorldNetDaily

Various semiautomatic handguns are displayed in a case at G. A. T. Guns in Dundee, Illinois on June 28, 2010. The Supreme Court held Monday that Americans have the right to own a gun for self-defense anywhere they live, striking down Chicago's nearly 30-year-old handgun ban. UPI/Brian Kersey Photo via Newscom

A Montana lawsuit that could undercut the authority of the federal government on issues including guns, marijuana, REAL ID, health care, the national guard, taxes and even law enforcement is poised to move to the 9th U.S. Circuit Court of Appeals.

But even that august body is unlikely to resolve the contentions, since the authors of the original claim, which challenges the feds' authority to regulate guns made, sold and kept within a state, say they need the U.S. Supreme Court to act.

"We've believed all along that the federal district court cannot grant the relief we request," said Gary Marbut, chief of the Montana Shooting Sports Association, which along with partner the Second Amendment Foundation brought the original lawsuit against the federal government.

Learn what you can do about your nation. Get "Taking America Back," Joseph Farah's manifesto for sovereignty, self-reliance and moral renewal

"We seek to overturn a half-century of bad precedent. Only the U.S. Supreme Court can do that. In that light the pending dismissal by the district court means little except that we are now free to move to the next step of the process," he said.

(Story continues below)

An order from U.S. District Judge Donald Molloy that was filed this week confirms the "findings" of Magistrate Jeremiah Lynch who recommended the case be dismissed.

"The court having reviewed Magistrate Jeremiah C. Lynch's findings and recommendations together with the objections of the plaintiffs and intervenor and the response filed by the defendant … it is hereby ordered that Judge Lynch's findings and recommendations are adopted in full," Malloy ordered.

How Montana's gun-law plans have spread

The gun organizations sued in federal court to validate a law enacted in Montana by the 2009 legislature that declares "that any firearms made and retained in Montana are simply not subject to any federal authority under the power given to Congress in the Constitution to 'regulate commerce … among the states.'"

Here are answers to all your questions about guns, ammunition and accessories.

The Montana Firearms Freedom Act is described as part of a growing national effort by states to reject federal authority and control when that authority is not included in the Constitution.

Officials at the Tenth Amendment Center, in fact, have a long list of issues over which there currently are campaigns to "nullify" or void Washington interference.

Those include firearms regulations, medical marijuana laws, REAL ID, health care, the use of the National Guard, taxes, the authority of sheriffs and others.

The Firearms Freedom Act is law right now in Montana, but gun rights groups caution their members against taking full advantage of its provisions until the court case resolves.

At the national Firearms Freedom Act website, officials there confirm that lawmakers in Tennessee, Utah, Wyoming, South Dakota, Alaska, Idaho and Arizona already have adopted their own versions of Montana's law.

Further, the case has attracted a massive level of support from other organizations who are participating through various amici – or friend of the court – briefs. Those include the State of Utah, which also represents other states; the Goldwater Institute, the Paragon Foundation, Gun Owners of America, the Weapons Collectors Society of Montana, Montana's lawmakers, and lawmakers from several other states.

Handguns from Freedom Arms in Wyoming

Once the 9th Circuit rules, Marbut said, the plaintiffs intend to appeal any continuation of the dismissal to the U.S. Supreme Court. Or, he said, the 9th Circuit could return the case to the district court for trial.

"That the U.S. is so desperate to keep this matter from going to trial," Marbut said, "tells me that they are very afraid of any precedent that might be established. Normally, a motion to dismiss is to preserve judicial economy. In this case it is to prevent a fair hearing on the significant issues we raise. The federal government doesn't want any questions about the extent of its power.

"The vehemence of the recommendations by the magistrate involved," he said, "demonstrates the desperation of the federal government, including its judicial branch, to prevent a fair adjudication of the issues underlying the MFFA."

The magistrate, in fact, stooped to name-calling, describing the plaintiffs as "myopic."

But Marbut told WND that the reaction he's getting from the grassroots is one of unqualified endorsement.

"They think it's a wonderful idea," he said. He called the support a "groundswell" and suggested it is running parallel to the initiatives undertaken by tea party groups to squelch the domineering activities of the federal government.

Montana's law provides guns and ammo made, sold and used in Montana would not require any federal forms; silencers made and sold in Montana would be fully legal and not registered; and there would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required.

The federal government had written gun dealers in Montana, as well as in Tennessee, which also adopted its own version of the same law, that warned against following the state laws.

Alaska was the eighth state to declare that firearms made, sold and owned in the state are beyond the reach of the federal bureaucrats along the Potomac. When South Dakota's law was signed by Gov. Mike Rounds, a commentator said it addresses the "rights of states which have been carelessly trampled by the federal government for decades."

Michael Boldin of the Tenth Amendment Center said Washington likely is looking for a way out of the dispute.

"I think they're going to let it ride, hoping some judge throws out the case," he told WND earlier. "When they really start paying attention is when people actually start following the [state] firearms laws."

WND reported when Wyoming joined the states with self-declared exemptions from federal gun regulation. Officials there took the unusual step of including penalties for any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm."

The costs could be up to two years in prison and $2,000 in fines for an offender.

Special offers:

Here are answers to all your questions about guns, ammunition and accessories.

Get "Taking America Back," Joseph Farah's manifesto for sovereignty, self-reliance and moral renewal

Perfect gift for pistol-packin' mama – 'Stayin' Alive' shows guns are indeed for girls

"Shooting Back: The Right and Duty of Self-Defense"

Related stories:

Gun fans looking forward to challenging feds

8th state to feds: Step away from our guns

Feds: States' growing gun-rights movement a threat

Montana to feds: Hands off our rights

States exempting guns from rules now total 7

State No. 6 tells feds to stuff their gun regs

5th state exempts guns. Is Washington noticing?

State plan fines feds $2,000 over gun rules

Another state to feds: Take your gun regs and stuff 'em

Feds claim authority to regulate in-state commerce

State launches boycott of 'unconstitutional' federal laws

Feds sued to keep out of state's gun affairs

What happened to the 10th Amendment?

Supreme Court takes up landmark gun case

State prepares to challenge U.S. gun laws

Washington drops hammer on state gun plan

Gun protections on agenda in Utah

State exempts guns from federal regs

Guns bought this year could outfit 2 armies

Court: 2nd Amendment trumps local gun limits

Are you licensed to reload that ammo?

'Shooting Back' author: Why guns, church must mix

There was ammo on these shelves …

Anti-jihad group helps fill U.S. ammo shortage

Feds undercut ammo supply

Can you survive economic crisis?

Obama seeks 'assault weapons' ban

Is bill lying in wait to ban handguns?

Big Brother's new target: Tracking of all firearms

Congress' plan would let AG 'ban guns at will'

Group asks states to track citizens' ammo

Ban lifted on loaded guns in national parks

NRA's next target: Re-arming Chicago

NRA aims big-budget blitz at Obama

Supremes: Individuals have right to bear arms

Obama election triggers national gun rush

Chuck Norris: Thugs can look down barrel of my gun

Christian college to allow students to carry guns?

Feds pirate investor's gun-shop software

Feds suppress evidence in 'broken gun' conviction?

Man jailed for broken gun getting defense fund help

Gunmaker to feds: Make my day!

Gun expert claims feds punishing him

ACLU blasted on own blog over 2nd Amendment stand

Owner of broken rifle surrenders for 30-month sentence

30 months in jail for broken gun

Drill instructor convicted after rifle jams

Bloggers attack feds after agent forgets gun in airport

BATF rebuked for attacks on gun dealers

Gun shop: Complaint could have been ruse

Gun-shop owner gets 'breath of fresh air'

'Blog' puts fear into gun shop inspectors

New gun control: Shut down shops

Your doctor could put you on no-gun list

Expert offers teachers free weapons training

State quashed bill allowing handguns on campuses

Trial will debate 2nd Amendment rights

Buy a house, get a gun free

New use for schoolbooks: Stopping bullets

New Yorkers rally for 'illegal' guns

Clinton-era war on guns revealed

U.N. gun confab ends in frustration

The U.N.: Gunning for more power

NRA warns of U.N. gun control

Michael Douglas backs U.N. gun ban

'Anti-gang' bill endangers gun rights?

County drops homeowner gun charges

Bob Unruh is a news editor for

Who is online

Users browsing this forum: No registered users and 1 guest