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Discussion Starter · #1 ·
NEWS RELEASE
For immediate release - August 4, 2011

Gun Group Files Final Brief in Firearms Freedom Case

MISSOULA, MONT. - The Montana Shooting Sports Association has filed its final brief before the Ninth Circuit Court of Appeals in San Francisco in MSSA v. Holder, litigation designed to validate the principles of the Montana Firearms Freedom Act and to challenge federal power under the U.S. Constitution's Interstate Commerce Clause to regulate any activity that occurs entirely within a state.

MSSA v. Holder is before the Ninth Circuit on appeal from the federal district court in Missoula, Montana, where the case was dismissed on grounds of standing, jurisdiction and merit. MSSA previously submitted its appellant's brief and U.S. Attorney General Eric Holder filed his response brief. The Ninth Circuit is expected assign the case to a three-judge panel and probably schedule oral argument in Seattle or Portland within a couple of months.

If the three-judge panel of the Ninth Circuit upholds the district court dismissal, the case will then be ripe for appeal by MSSA to the United States Supreme Court, the ultimate destination for MSSA, which admits that only the USSC can provide the remedies MSSA seeks. MSSA wishes to reverse a half century of precedent decisions concerning federal authority under the Interstate Commerce Clause, decisions which MSSA believes give the national government far too much power to regulate essentially all human activity, even if that activity is wholly confined within the borders of a state.

This challenge to federal power is a states' rights exercise that began with passage of the Montana Firearms Freedom Act by the Montana Legislature in 2009. The MFFA declares that any firearms made and retained in Montana are not subject to federal regulation. The MFFA was subsequently cloned and enacted by seven other states, and has been introduced in another 23 states. While firearms are the vehicle for the exercise, the subject is resuscitation of the Tenth Amendment to the U.S. Constitution and challenge to unrestrained power of the national government. Although much ignored by Congress and the courts in the past half century, the Tenth Amendment requires: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Because the Tenth Amendment, part of the Bill of Rights, was enacted more recently than the underlying Constitution, MSSA argues, the Tenth Amendment actually amends the underlying Constitution and must be given deference when in conflict with the Interstate Commerce Clause, and with other relevant clauses of the underlying Constitution.

MSSA President Gary Marbut commented, "We are making some fresh and compelling arguments that have never been made before in Interstate Commerce Clause jurisprudence. We hope that these arguments will persuade the Ninth Circuit, and ultimately the United States Supreme Court, to rethink their rationale for allowing unlimited regulation of the affairs of people within states, a rationale more often called into question in current legal philosophy. When the states created the national government, they simply did not intend to create a monster that could and would control everything."

The lead attorney for MSSA is Quentin Rhoades of the law firm Sullivan, Tabaracci and Rhoades of Missoula. The Second Amendment Foundation is a plaintiff in the suit, as is Gary Marbut of Missoula as the sole individual plaintiff. Numerous other entities have joined the case to support MSSA, including Montana Attorney General Steve Bullock, Utah Attorney General Mark Shurtleff who also represents six other states' attorney generals, the Goldwater Institute, the Pacific Legal Foundation, numerous Montana legislators, legislators from other states where MFFA clones have been passed or introduced, and the Weapons Collectors Society of Montana. All of these groups have also submitted supporting briefs to the Ninth Circuit in MSSA v. Holder.

MSSA v. Holder argues some points similar to Bond V. US and Florida v. DHHS. Florida is a challenge to the power of Congress to implement national health care - to require individuals to buy health insurance claiming that an individual's failure to buy health insurance would affect interstate commerce and therefore falls under the power of Congress in the Interstate Commerce Clause to "regulate commerce ... among the several states". Bond is a recent, unanimous decision by the USSC that argues very favorably that respect must be given to the Tenth Amendment.

Contrary to some recent criticism contained in a front page story about the MFFA litigation in the Wall Street Journal, MSSA is advancing MSSA v. Holder with zero financial support from Montana taxpayers.

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Information: Gary Marbut - 406-549-1252; [email protected].

MSSA Reply Brief: http://firearmsfreedomact.com/updates/Reply Brief - FINAL - 080411 to Gary.pdf

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

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2nd ammendment is safe until Obama gets his own military,Right after he grants amnesty to a hundred million non citizens that will fight for their welfare.Another stimulous will supply him with all the troops he will need.
Many of us have said over and over that the biggest danger to this nation in many ways is 'The Trojan Horse'coming in with no alleigence to the usa.
Times running out and so are hiding places.
We are in the worst drought in our history in some places,worst heat wave,water is becoming scarce,farmland is drying up,in other places we have floods and storms destroying water and cropland.We are out of work. We are in an economical desaster with the biggest deficit in the history of the world.Yet we keep bringing in more people whos cultures have large families,one they get amnesty they send for their large families.

Ths is no accident,it all is planned and guns or no guns if you have an army inside larger than your citizens,you lose.
:scratch
 

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Discussion Starter · #3 ·
Meerkat...I agree with your statement to a point but also disagree... If it were to come to a actual fight in the streets I believe that Americans, fighting for their freedom can and will defeat any internal army of would be mercenary's ..

I know it seems that the American spirit is dead but I don't think so , I remember the so called "Silent Majority " from the 60's.. If or when the battle starts I believe "We the People" will win the day...

I have to believe this, there is no other way to believe. To think otherwise is defeatist and I refuse to give up without firing a shot...

I do believe the war will be fought in the mid states, the coasts are for the most part made up of liberal/leftist , those who are not will leave and head to the free states , the so called Red states are the Conservative backbone of America .

It may be that when the smoke clears America as we know it will be no more
It may be that we will be a large group of "Free States" surrounded by Liberal 3rd world slum states trying to survive without the tax's to support their entitlement voters...

Which in time will bring about the down fall of these "Liberal 3rd world slum states" ... which in time , I believe will bring about a new " Union of American States " living under the rule of law as set out by the Constitution

Am I smoking crayolas ? maybe..but I have to , to believe otherwise would be to accept defeat without trying to stop the fall of our nation... not that I think I'm smart enough or strong enough to lead anybody in this coming effort , I'll admit I am too old to charge into battle at a run..but I can hobble along, I can do many things but I can't sit aside while this nation swirls down the drain of history... sooner ..not later the time will come and then we will see if the American backbone has been broken..

Sorry I got carried away...but it's a sticking point with me.. I hope I'm right...
 

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Discussion Starter · #5 ·
Hozay, what happened? You lost your twang....
:eek: No $hit?? damn... this mean I gotz ta sit down to pee?.... :D:D

Whats a "Twang"... I assume you mean I almost sounded edjakated in that rant?? hell sometimes I fergit I only got about a 6th grade school housin.. I'll try to do better...

:D:D
 
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