Other states plan to join Montana gun lawsuit

Discussion in 'Politics' started by HozayBuck, Apr 8, 2010.

  1. HozayBuck

    HozayBuck Well-Known Member

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    CHEYENNE, Wyo. — The attorneys general for Utah and Wyoming said Wednesday that their states and South Dakota will join a federal lawsuit pending in Montana in which pro-gun groups are seeking to protect that state’s sovereign right to regulate guns.

    The attorneys general confirmed that they plan to file a “friend of the court” brief in the Montana case this week, and that South Dakota also plans to join them.

    All the states involved have enacted “firearms freedom” laws that seek to exempt guns made and sold within their borders from federal regulation.

    Montana was the first state to pass such a law. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives sparked the current legal fight when it wrote to all licensed gun dealers in the state last year telling them they were still bound by federal gun regulations.

    The Montana Shooting Sports Association and others then sued the federal government, which argued that Montana lacked authority to exempt guns from national gun control laws.

    The various states claim that as long as the guns aren’t involved in interstate commerce, the federal government should have no say over them.

    Gary Marbut, head of the MSSA and himself a plaintiff in the lawsuit, said Wednesday the group was pleased that the attorneys general of the other states saw the merit of the case and wanted to be involved.

    Marbut said Montana’s law was followed by similar laws enacted in Tennessee, Utah, Wyoming, South Dakota and Arizona. A similar bill is sitting on the governor’s desk in Idaho. Marbut said similar laws have been introduced in 21 other states.

    Republican Utah Attorney General Mark Shurtleff of Utah said Wednesday that his state’s law is similar to the Montana statute.

    “It’s just nice to show the court a number of other states are concerned and this issue goes beyond Montana,” Shurtleff said.

    Utah Gov. Gary Herbert, a Republican, signed the Utah bill into law this year after Shurtleff assured him it could be defended at a minimal cost because the issue would be decided in Montana.

    Wyoming Attorney General Bruce Salzburg confirmed his office would join with Utah. That state’s Democratic governor, Dave Freudenthal, said Wednesday his state is getting involved because Montana’s law also is similar to Wyoming’s and the pending case relates to the legal issues that Wyoming faces.

    “It’s legislation similar to what we just passed,” Freudenthal said. “So the (brief) that’s coming from Utah, as I understand it, is very narrow on the question of the reach of the federal government in the context of the 10th Amendment and the Commerce Clause.”

    Efforts to reach South Dakota officials for comment were unsuccessful. Alexander Kenneth Haas, a lawyer with the U.S. Department of Justice in Washington, declined to comment Wednesday.

    Marbut said many gun and states rights groups will also be signing on.

    “Hopefully it will impress the court that this is a serious deal,” Marbut said. “It’s very exciting and encouraging that so many others understand the merit of the concept.”

    A trial is currently scheduled for December in the Montana case. The federal government has filed a motion to dismiss, and the court is awaiting a response from the MSSA and other interveners on that point.

    Patrick Fox, the local counsel for Utah and the other states, said he expects the Montana case will ultimately serve as the nationwide legal vehicle to resolve the question of the limits of the federal government’s authority over guns manufactured and sold in a single state.

    “Montana’s on the cutting edge of this jurisprudence, and it’s important in two respects,” the Montana-based lawyer said, adding that it was a states’ rights issue, as well as a gun rights issue that deals with the Constitution’s Second Amendment right to own firearms.

    “So it’s an important issue in two regards that are very hot-button issues in this day and age,” he said.

    Gouras reported from Helena. Associated Press Writer Brock Vergakis in Salt Lake City also contributed to this report.
     
  2. pdx210

    pdx210 Well-Known Member

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    it will be interesting to see how this plays out. The feds wield considerable financial power over states one area is funding of roads, schools, public works programs.


    This is also why (as in a past discussion ) i say we are not a Republic anymore but a democracy. We don't really have the rule of constitutional law we have majority rule such as ... the health fiasco, patriot act. The feds by majority rule have given themselves power, ...created federal laws & regulation NOT granted to the feds in the Constitution but reserved exclusively for states.
     

  3. HozayBuck

    HozayBuck Well-Known Member

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    I can't argue that with you except to say the whole smoke and mirror thing is built on the pretext that the Government has the right to force the people to pay income tax which was of course shoved thru in a dark of the moon moment in 1913 and from things I've read but never checked the facts of, is that it was never ratified by the required number of states, so if the Gov wasn't raiding our pockets they wouldn't have the money to hold over our heads..

    Example..when the 55 MPH national speed limit was forced on the states, the last state to pass it was Montana, and then only after the threat to cut of highway funding... so the state legislature said ok, passed the 55 bill but made the fine for driving over 55 a five dollar fine and in the law it stated that the tickets wouldn't be a mark against your DL and your insurance could not be raised because of it... pissed off the FED but...the signs said "55"...:D

    The Federal Government should never have the power to do the things it does, the FF's never intended the Gov to wield this kind of power, and the so called Firearms Freedom laws being passed by several states really are more about states rights then guns...

    I'm perfectly willing to pay my tax's to the state I live in as long as those tax's are used to improve the quality of life in my state , I am very opposed to giving Billions every year to other countries to buy weapons to enrich a very few weapon manufacturers.

    For every buck the Fed gives back for work programs they give 10 to people who hate us.

    It all boils down to we the people taking back that which is ours and never the Fed Gov's... States Rights.. then if you don't care for the way the state does business, help change it or move to a place where you would be happier!

    I hope this makes sense, I've only had one cuppa!
     
  4. pdx210

    pdx210 Well-Known Member

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    There is no law that requires us to pay income tax BUT people are penalized for not paying.

    [ame=http://www.youtube.com/watch?v=7MdDOX1OM0Q]YouTube - Aaron Russo exposes IRS fraud while meeting w/ Sheldon Cohen[/ame]


    The IRS cannot cite specific laws requiring income tax payment because they don't exist they can only cite lower court judgments, often these judgment cases ONLY address weather taxes where paid and NOT the legality of paying taxes...it's a catch 22 in the legal system. That is a mob/majority rule and NOT a rule of law as set forth in the constitution. The Fed's cannot gut or disregard parts of the constitution and maintain a Republic.

    Bingo!
     
  5. model130

    model130 Active Member

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    This is a good reason to vote out all Politicians. Mostly Liberals, but all that don't represent our interest. Demo, Inde, Repub. Lets get back to the purpose. The peoples interest and not worry the Mexican Cartels threaten Arizona LEO's.
     
  6. horseman09

    horseman09 Well-Known Member

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    Go to the polls in November, and if they are in, vote them out. Period.
     
  7. model130

    model130 Active Member

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    horseman09 is spot on......... Get em out.
     
  8. model130

    model130 Active Member

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    The Founding Fathers knew this would happen and put it in the Constitution. Obama is a moron. We need to take care of ourselves. Get a grip and lets do it. Obama and the government will back Mexico. Watch the news of Mexican killers in our country.
    It is why we all want to survive.
     
  9. Asatrur

    Asatrur Well-Known Member

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    The problem with voting them out is that there is no one to replace them with. 99% of all politicians are crooks and cannot be trusted regardless of the problem. The issue started long before Obama, Bush Jr, etc.
     
  10. mosquitomountainman

    mosquitomountainman I invented the internet. :rofl:

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    The reason there's no one to replace them is because we don't demand it. It's been enlightening this primary season when you see how many "establishment" candidates have gotten the boot. The Tea Party is the major culprit and they've made some significant changes in the Republirat party. It needs to continue. Of course these new candidates will be vilified by the press and opposite party once the serious campaigning begins. We need to stick with them. They can't be worse than the people already there.

    I'm not against those in office per-se but I do believe that Washington D.C. has a corrupting influence on those sent there. I believe anyone currently serving needs to be critically evaluated as to their suitability for office. Then vote accordingly.
     
  11. horseman09

    horseman09 Well-Known Member

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    Vote'em out, then term limits term limts term limits. Did I mention term limits?
     
  12. model130

    model130 Active Member

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    Now I hear that Mexico will join Hussein Obamas lawsuit against Arizona. A FOREIGN GOVERNMENT SUEING A SOVERIGN STATE?
    Sorry to yell. This bothers me. Hussein has to go............
     
  13. horseman09

    horseman09 Well-Known Member

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    model130, ya have my vote. Let's hope ObaMao doesn't do too many things before the elections that can't be undone.
     
  14. Aemilia

    Aemilia Zookeeper

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    Yes, that bugs me too - a lot. Isn't this the UNITED States of America? At least, I think that's what it's supposed to be.
     
  15. Magus

    Magus Scavenger deluxe

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    The America we knew is on life support and the nurse is a sadist on crack.
     
  16. HozayBuck

    HozayBuck Well-Known Member

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    Three Box's.... ballet box, soap box and at the end...the "Bullet Box".... The first one don't work at all , the second gets little notice...the third?..... time will tell.