Feds fight back on Montana made guns lawsuit

Tools

By The Associated Press

Story Published: Jan 21, 2010 at 12:20 PM MDT

Story Updated: Jan 21, 2010 at 12:20 PM MDT

HELENA - The federal government is asking a judge to dismiss a lawsuit seeking to exempt guns made in Montana from national gun control.

The Department of Justice argues in a filing in U.S. District Court in Missoula that federal gun control is a "valid exercise of Congress' commerce power under the Constitution."

Last year, gun advocates in Montana filed a lawsuit arguing the state should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made in Montana.

The action followed the Montana Firearms Freedom Act by the state Legislature that declares Montana's sovereignty on the issue. The Justice Department argues in a brief filed Tuesday that the state act is pre-empted by federal gun control and asks the court to dismiss the lawsuit.

You have indicated this comment should be removed.

Close

The comment has been submitted for review. Thank you .

Armed American Voter said on Friday, Jan 22 at 5:57 PM

Gun control only has power under the "INTERSTATE commerce laws" When the guns are made, sold , and used in Montana that is INTRASTATE. Beside N9 also has a very valid point. The libs only follow the rules when it is supportive to socialization which banning of guns is. When it is not then they try to slither around or just ignore the law. Slimmy little critters they are

N9 said on Thursday, Jan 21 at 5:44 PM

Hold it here one second. When the libs were arguing for gun control in DC, they was trying to say it was a collective right (of the state) that the states could individually control. The tried to say that the second amendment was there to protect the state’s right to arm their militia. A militia made up of it’s people. So even under their own interpretation, the libs have no right to dictate what a state does in it’s own borders in an effort to arm it’s own militia (the people)

Add a comment

Name:

Comment: 1000 Characters Left

KULR-8 News, Sports, Weather and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

Your Weather Authority

Icon
Current Temp 51.0 °F
Partly Cloudy
Wind : Southwest at
3.5 mph
Humidity : 89 %
Pressure : 29.68 in
More Weather

Sky Cam

More Weather

AP Video

On Demand

YouNews

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

Cast Your Vote

Do you agree with President Obama's decision to end combat operations in Iraq?

  • Yes
  • No

Links We Like