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

Doc Vega posted a blog post
yesterday
Burbia commented on TommyD's group The Chuckle Hut
"The Warriors is one of my favorite movies. I couldn't help but laugh at this spoof."
yesterday
Doc Vega posted a photo
Wednesday
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, You might want to see predictions made by Robert Welch in 1957 and 1974 stating that…"
Wednesday
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, good points. We have a world full of twisted allied agendas that seem contradictory,…"
Wednesday
Sandy posted a video

Ghislaine Maxwell & The Secret "Shadow" 9/11 Commission? | John Kiriakou

In this gripping excerpt from the Julien Dorey podcast, former CIA officer and whistleblower John Kiriakou reacts to a leaked email from 2003. The document r...
Tuesday
cheeki kea left a comment for Holyroller
"Greetings to you Holyroller very awesome you've joined up with us all. I know you'll find…"
Tuesday
cheeki kea commented on Doc Vega's blog post Are the End Times Drawing Near?
"Yes it's a sad and sorry situation we see evolving here. On one front and it's a large…"
Tuesday
Doc Vega commented on tjdavis's video
Thumbnail

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

"I remember this when I was a little seeing it on TV years after it was filmed and it scared me even…"
Tuesday
tjdavis posted a video

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

Starring Jack Webb and Robert Conrad, this 1957 movie by the United States Armed Forces Information Agency is perhaps the best known anti-communist movie eve...
Tuesday
Doc Vega posted a blog post

Are the End Times Drawing Near?

Are we seeing the gradual fulfillment of the Battle of Armageddon? Think of it. The US and Israel…See More
Monday
Holyroller is now a member of 12160 Social Network
Monday
tjdavis posted a blog post
Monday
Sandy posted photos
Sunday
Burbia posted a video

Catherine Fitts: Epstein, CIA Black Budget, the Control Grid, and the Banks’ Role in War

Programmable digital currency is the final piece of the global control grid that’s finally snapping into place. Catherine Austin Fitts on how to defeat it. C...
Feb 27
Евеліна posted a status
"цікаво, воно цитатами виділяє, як моє особливе "я""
Feb 27
Евеліна posted a status
"на роботі, сонце світить, потрібно перепочити."
Feb 27
Евеліна posted a blog post

Ключові слова в тексті: як органічно їх вписати в статтю

Що таке ключові слова і чому вони важливіКлючові слова — це слова або фрази, які користувачі…See More
Feb 27
Евеліна is now a member of 12160 Social Network
Feb 26
Burbia left a comment for pohonemas33 team
"Quit promoting gambling on another site"
Feb 26

© 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