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: 35

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

The Human Menagerie

The Human MenagerieCome on Baby for the midnight danceSome kind of cosmic romanceYour eyes tell me…See More
3 hours ago
Bob of the Family Renner posted photos
yesterday
Doc Vega posted a blog post

Two Combat Aircraft Captured and Studied in WWII Pacific Theater

 During the heated contest of the WWII Pacific Ocean War both the US Pacific fleet and the Axis…See More
Thursday
Doc Vega posted a blog post
Wednesday
Burbia posted a photo
Tuesday
Millie P. Carlos is now a member of 12160 Social Network
Tuesday
Sandy posted videos
Monday
Burbia commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Another group of people that get disregarded are the the Process Church.  Deaths and strange…"
Aug 10
Sandy posted a video

Captain fantastic scene (Bill of rights)

Scene from the movie "Captain fantastic"Uploader does not claim ownership of any of the footage used in this video. All credit goes to the respective owners ...
Aug 9
tjdavis posted photos
Aug 8
tjdavis posted a video

The UK Has Just Reached It's Boiling Point - Ricky Gervais

Ricky Gervais - Frustration still there a year on.Nicholaswatt reports what he has been told by a parliamentary veteran, who warns: "'My constituents feel th...
Aug 8
Doc Vega posted a blog post

Terrorized on a 3 Day Weekend

 We had a holiday weekend coming up. My ex, whom I was sharing custody with was off for her…See More
Aug 8
Sandy posted videos
Aug 7
Sandy replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"Interesting. I always thought he was still alive. Probably given some plastic surgery and a witness…"
Aug 7
WIllow is now a member of 12160 Social Network
Aug 7
Burbia commented on Less Prone's video
Thumbnail

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

"Props to Schottenstein on his foray out of the woods that was DEI and wokeness. "
Aug 7
Burbia replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"One of the theories floating around was Hilary Clinton's brother Hugh, was the one…"
Aug 7
Sandy posted a discussion
Aug 7
Doc Vega posted blog posts
Aug 6
Less Prone favorited Sandy's video
Aug 6

© 2025   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