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Your federal government challenges the Montana Firearms Freedom Act
ADAMS:
The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer. The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge.
Copy of the operative Complaint:
http://firearmsfreedomact.com/US%20Attny%20General%20RE%201st%20Amended%20Complaint%20-%20121709.pdf
Copy of the response (Motion to Dismiss):
http://firearmsfreedomact.com/11.%20Def.%27s%20Memorandum%20In%20Support%20of%20Mx%20to%20Dismiss%20-%20011910.pdf
ICEMAN:
I can't wait to see the result of this challenge.
shoot-em-dead:
It will be interesting- sounds like the residents of Montana could speed up the process by simple going to work building and selling firearms under the new Montana law. That would force the ATF to either back down (which I doubt they would do) or proceed to issue fines and/or arrests. If they enforced fines/arrests then the defendants request for dismissal would be tossed and they would be going to court sooner. I don't know, they will drag it out for a while either way I guess.
TopOfTheFoodChain:
Wow, the motion to dismiss has a lot of cases that will need to be studied more carefully. I suspect there are also a fair number of cases concluded with congress NOT having the right to use the commerce clause to supersede the tenth amendment. Not that I support all the Marijuana use on the west coast, but, obviously the fed isn't applying the same standards there.... :bs:
I will be watching this closely.
Thank you ADAMS
washelkhntr:
--- Quote from: ICEMAN on February 09, 2010, 07:55:08 PM ---I can't wait to see the result of this challenge.
--- End quote ---
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