More states fight with feds over guns

April 12, 2010
More states join fight with feds over guns
By MATT GOURAS - Associated Press Writer
A growing list of states joining the legal battle over federal gun control argued Monday that Congress can't regulate guns made and sold within a state.

The argument over gun control, sparked with the "firearm freedoms act" first enacted in Montana and subsequently in other states, is leading to a constitutional showdown over the reach of Congress into state borders.

A total of seven states filed "friend of the court" briefs by Monday's deadline to do so. And the Montana attorney general also is seeking to intervene in a lawsuit first filed by gun advocates in U.S. District Court in Missoula.

"The American people and the several states created the federal government, and they now want the federal government constrained to the proper role for which it was created," said Gary Marbut, president of the Montana Shooting Sports Association that launched the lawsuit. "This is a forward step for freedom that has always been at the heart of who we are in America."

Utah, Alabama, Idaho, South Carolina, South Dakota, Wyoming and West Virginia all signed on to the lawsuit. The states argue that the U.S. Constitution gives them the right to control activities inside state borders, and they want the authority to do so under the firearms freedom acts advancing around the country.

"These laws are intended to allow their respective citizens to engage within their states in constitutionally protected activity without burdensome federal oversight and regulation of their solely intrastate activities," Utah Attorney General Mark Shurtleff wrote on behalf of the states..

Gun advocates, who filed the lawsuit last year after the federal Bureau of Alcohol, Tobacco, Firearms and Explosives warned that gun dealers were still bound by federal regulations, want a court declaration preventing federal agents from enforcing federal gun laws on Montana-made equipment.

The U.S. Department of Justice has asked the court to dismiss the lawsuit, saying states can't exempt themselves from national gun control laws. The agency says that federal gun control is a "valid exercise of Congress' commerce power under the Constitution."

It argues that gun control dating back to the 1934 National Firearms Act was put in place to regulate guns that could be "used readily and efficiently by criminals or gangsters." That and subsequent laws are meant to keep tabs on guns that easily pass between state borders, the Justice Department has argued in court filings.

The gun advocates argued Monday, in their own brief beating back the Justice Department argument, that authorities could freely prosecute those who cross borders with guns bought under the Montana Firearms Freedom Act.

"In the event someone might leave Montana in possession of an MFFA firearm, moreover, nothing in Montana law purports to interfere with a federal prosecution of them for transporting, transferring or possessing such an item in actual interstate commerce without a federal license," Marbut's group argued.

Montana Attorney General Steve Bullock asked the court to let his office intervene in the case and sign on as a central party in order to better argue the constitutionality of the firearms act.

Because of the growing interest in the case, the court decided Monday to give people joining the case until the end of next week to file arguments. The federal government was given until May 18 to respond.

Views: 37

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a video

Jerusalem Syndrome - Israel/Palestine

August 2006For some, visiting Jerusalem brings them a little too close to God. Dozens of tourists develop 'Jerusalem Syndrome', believing they have a messian...
16 hours ago
tjdavis posted photos
16 hours ago
Doc Vega posted a blog post

So you Don't Think Communist China is Buying Off the Democrat Party?

California Democrats Just Joined Hands With Communists Funded From ShanghaiPosted on …See More
yesterday
cheeki kea commented on Doc Vega's photo
Thumbnail

681373888_994247376374814_9118727954735788138_n

"But Wait Folks... There's even more, even more than more in this ugly situation. A story of…"
yesterday
Doc Vega posted a blog post
Monday
Less Prone left a comment for Aristo Kids
"Welcome aboard"
Sunday
Aristo Kids is now a member of 12160 Social Network
Sunday
Less Prone left a comment for Doc Vega
"Ning is working on theproblem. Their reply: "Hello, Thank you for notifying us.We are…"
Sunday
Sandy posted a video

The Day of the Dolphin (1973) Original Trailer [FHD]

Directed by Mike Nichols. With George C. Scott, Trish Van Devere and Paul Sorvino.The Day of the Dolphin Blu-ray : https://amzn.to/3W9bfbxThe Day of the Dolp...
Sunday
Sandy posted photos
Sunday
Less Prone left a comment for Doc Vega
"I issued a ticked concerning your report. "The rgeular format is not appearing on the…"
Sunday
Doc Vega commented on truth's photo
Thumbnail

Report an Issue

"The rgeular format is not appearing on the page and I can't add contwent unless its limited…"
Saturday
Doc Vega commented on Doc Vega's blog post The Escape
"cheeki kea, you are so right. We live in a world where even art has been lost to the savagery of…"
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Less Prone favorited Doc Vega's photo
Saturday
Doc Vega posted photos
Apr 28
Sandy posted a discussion
Apr 28
Doc Vega commented on Burbia's blog post How much money makes anyone have a god complex?
"I seriously doubt Trump has a God complex as he is merely treying to save this country, but people…"
Apr 28
Sandy posted videos
Apr 28

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted