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: 36

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

Less Prone left a comment for Tammy
"Welcome"
9 hours ago
tjdavis posted a video

Mike Benz: DARPA & USAID are Weaponizing Music to Control Human Behavior

Watch every episode ad-free & uncensored on Patreon: https://patreon.com/dannyjonesMike Benz is a former State Department official and current Executive Dire...
20 hours ago
Tammy is now a member of 12160 Social Network
yesterday
Less Prone commented on cheeki kea's photo
Thumbnail

The Cartel

"In his 1995 book; Bloodlines of the illuminati, Frits Sringmaier listed the following 13…"
yesterday
tjdavis posted a photo
Tuesday
tjdavis posted a blog post
Tuesday
Less Prone commented on Doc Vega's blog post What Four UFO Whistle Blowers All Suffered in Common?
"This falls in the category of political assassination, a very shameful policy of eliminating people…"
Tuesday
Doc Vega posted blog posts
Tuesday
Doc Vega commented on Doc Vega's blog post The Forest Devil
"cheeki kea Thank you, just one thing. The Choctaw Indian who came to the rescue was a war veteran…"
Monday
cheeki kea commented on Doc Vega's blog post The Forest Devil
"Well that is one fine story you've got going there Doc V. with a very interesting roll up. I…"
Monday
Doc Vega commented on Doc Vega's blog post “Night of Horror” Finland WWII 1939 and a Russian Massacre
"Just another bizarre chapter in WWII that seems more suspect as paranormal."
Sunday
Doc Vega's 7 blog posts were featured
Sunday
Burbia's blog post was featured

Former President Trump?

When was this article written? It is attributed to Victor Davis Hanson. He is a Fellow at Hoover…See More
Sunday
Less Prone commented on Burbia's blog post Former President Trump?
"It must be an unintended mistake "former". But that Trump demanded to keep Khan away is a…"
Sunday
Less Prone favorited Doc Vega's blog post The Mistake We Made in America
Sunday
Less Prone favorited Doc Vega's blog post “Night of Horror” Finland WWII 1939 and a Russian Massacre
Sunday
Less Prone commented on Doc Vega's blog post “Night of Horror” Finland WWII 1939 and a Russian Massacre
"Quite an uplifting story of the winter war. Finland was overpowered by ten to one and could still…"
Sunday
Doc Vega posted a blog post

Elon Weighs in on Charlie Kirk's Assassination and How it is an Instrument of Social Control

For a very long time now there has been in place mass population behavioral control operations that…See More
Saturday
Doc Vega commented on Doc Vega's blog post The Forest Devil
"Less Prone Thanks Buddy I worked on it for 3 days! "
Friday
Less Prone favorited Doc Vega's blog post The Forest Devil
Oct 10

© 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