Lawsuit over MFFA goes to next level
From: Gary Marbut-MSSA <
mssa@mtssa.org>
To:
mssa@mtssa.org NEWS RELEASE
(for immediate release - September 30, 2010)
Lawsuit Over Montana-made Guns Goes to Next Judicial Level
MISSOULA, MONT. - In MSSA v. Holder, the lawsuit
to validate the Montana Firearms Freedom Act
(MFFA), plaintiff Montana Shooting Sports
Association announced today that it is now free
to take this lawsuit to the next judicial level,
the Ninth Circuit Court of Appeals.
MSSA president Gary Marbut commented, "We've
believed all along that the federal District
Court cannot grant the relief we request. We
seek to overturn a half-century of bad
precedent. Only the U.S. Supreme Court can do
that. In that light the pending dismissal by the
District Court means little except that we are
now free to move to the next step of the process."
MSSA and its partner the Second Amendment
Foundation filed MSSA v. Holder on October 1,
2009, to validate the principles of the
MFFA. Enacted by the 2009 Montana Legislature,
the MFFA declares that any firearms made and
retained in Montana are simply not subject to any
federal authority under the power given to
Congress in the Constitution to "regulate
commerce … among the states." The MFFA is part
of a growing national effort by states to reject
federal authority and control over
everything. It is an assertion of states rights,
and the Ninth and Tenth Amendments to the U.S. Constitution
Since the MFFA was enacted in Montana, it has
been cloned and enacted in seven other
states: Tennessee, Utah, Wyoming, South Dakota,
Alaska, Idaho and Arizona. Other clones have
been introduced in the legislatures of 20 other states.
(See: http://www.FirearmsFreedomAct.com)
MSSA v. Holder has attracted numerous amicus
curiae parties that have filed supporting briefs,
including the State of Utah (also representing
other states), the Goldwater Institute, the
Paragon Foundation, Gun Owners of America, the
Weapons Collectors Society of Montana, Montana
Legislators, and Legislators from other
states. It is expected that other amici will
join as this suit is appealed to the Ninth Circuit.
Once the Ninth Circuit rules on the appeal,
plaintiffs intend to appeal any continuation of
the dismissal to the U.S. Supreme Court, at which
point in the process plaintiffs could get an
actual ruling on the merits of the case. Or, the
Ninth circuit could recognize the merit of the
issues involved and remand the matter to the
District Court for an actual trial.
"That the U.S. is so desperate to keep this
matter from going to trial," Marbut said, "tells
me that they are very afraid of any precedent
that might be established. Normally, a Motion to
Dismiss is to preserve judicial economy. In this
case it is to prevent a fair hearing on the
significant issues we raise. The federal
government doesn't want any questions about the extent of its power."
"The vehemence of the recommendations by the
magistrate involved" Marbut continued,
"demonstrates the desperation of the federal
government, including its judicial branch, to
prevent a fair adjudication of the issues underlying the MFFA."
- 30 -
Information: Gary Marbut; 406-549-1252
Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.orgauthor, Gun Laws of Montana
http://www.mtpublish.com