Lawsuit Over Montana-made Guns Goes to Next Judicial Level

Discussion in 'Politics' started by HozayBuck, Sep 30, 2010.

  1. HozayBuck

    HozayBuck Well-Known Member

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    Thu, September 30, 2010 1:24:21 PM
    Lawsuit over MFFA goes to next level
    ...
    From:
    Gary Marbut-MSSA <[email protected]>
    ...
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    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: Firearms Freedom Act)

    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 -


    Gary Marbut, president
    Montana Shooting Sports Association
    Montana Shooting Sports Association
    author, Gun Laws of Montana
    Gun Laws of Montana
     
  2. horseman09

    horseman09 Well-Known Member

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    Hozay, I sooo hope Montana prevails. The feds have become a cancer in America -- it just grows and grows, with no consideration for the boundaries imposed upon it by The Constitution.

    The bastards need thier feathers clipped.:mad:
     

  3. HozayBuck

    HozayBuck Well-Known Member

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    No they need to be F&*$ed.. plucked and processed.. these people have become the worst enemies America has ever faced,, and there is only one way to fight some cancer and that's to go in and cut it out, the patient might die but that's often better then a life of pain and suffering...

    It's only a matter of time before the lid blows off the pot... and when it's over whoever is standing will be the winner..so lets all keep preping and be ready to stand up...
     
  4. horseman09

    horseman09 Well-Known Member

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    Hozay I sincerely hope America's ills can be corrected at the ballot box. But you are right -- heads up preppers. It might well turn into a blood bath. Jefferson foretold of this because he knew his history of nations.

    The rise and fall of nations began long before the Roman Empire because nations consist of humans. Like other successful empires, we got lazy and apathetic and ignorant and arrogant because we've have had it too good for too long. Nations, like people, get soft if they are not sufficiently challenged.

    Let's just hope we, as a nation, are smart enough to recognize our shortcomings and have enough of the grit of our Forefathers to correct them before the walls come tumbling down. :usaflag:
     
  5. HozayBuck

    HozayBuck Well-Known Member

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    It would be good if "We the People" could awaken , but I don't see it happening simply because about half of the people like things as they are..

    And remember , out nation was founded from the fire and smoke of Revolution .... we today are not made of the same fiber our Founding Fathers were so it will be a slower and much more painful process ... but i believe in the end we can and will restore America to where it should be...

    Or so I hope and pray.. if it takes blood and pain then so be it .

    I can say I'm ready to put my *** where mouth is..... but I'm getting old and I feel for the young people, but if it has to be then lets get to it while some of us old farts are still here and willing..