AmmoLand.com

FEDs Respond To Firearms Freedom Act Lawsuit Motion To Dismiss “Expected”

Second Amendment Foundation

MISSOULA, MT --(AmmoLand.com)- The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer.

The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge.

This lawsuit to validate the MFFA was brought by the Montana Shooting Sports Association (MSSA) and Second Amendment Foundation (SAF). The suit names U.S. Attorney General Eric Holder as defendant, and is referred to as MSSA v. Holder.

The first response to the lawsuit by the United States is a Motion to Dismiss, submitted January 19th and considered to be a standard procedural maneuver in lawsuits against the U.S government . This motion seeks to avoid the legal merits by asserting that the Plaintiffs lack standing to sue, that a justiciable controversy does not exist, and that prevailing case law is against Plaintiffs.

MSSA President Gary Marbut, also a Plaintiff in the lawsuit explained, “The first import of this response is that the legal game is now on. There was some concern that the defendants would forfeit the game with no response in an effort to prevent this important issue from being adjudicated properly. We are now beyond that hurdle.” However, the Motion to Dismiss by Washington also seeks to sidestep proper adjudication.

SAF Founder Alan Gottlieb said, “We are disappointed but not surprised that the government would try to kill this suit on standing, rather than arguing about the merits of the case.”

The MFFA concept has gained traction across the Nation since its passage in Montana. Tennessee has enacted a clone of the MFFA, and other clones have been introduced in the state legislatures of 19 other states, including: Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. . Ten or more additional states are expected to introduce yet more MFFA clones in the next few weeks. (See: http://www.FirearmsFreedomAct.com)

The U.S.’s Motion to Dismiss and Brief in Support are viewable at: http://FirearmsFreedomAct.com/montana-lawsuit-updates/

MSSA and SAF have assembled a litigation team for this effort consisting of three attorneys from Montana, one from New York, one from Florida and one from Arizona. Lead attorney for the Plaintiffs is Quentin Rhoades, partner the Missoula firm of Sullivan, Tabaracci and Rhoades. Other interested parties from both in and out of Montana are preparing to weigh in on this issue of national interest and national importance as amicus curiae (friends of the court).

Marbut commented, “The FFA concept has created a firestorm of interest nationwide. Lots of people and other states are watching carefully to see how Montana fares in this challenge to overbearing federal authority and to Washington’s attempt to control every detail of commerce in the Nation, especially including activity wholly confined within an individual state. That level of micro management certainly was not the intent of our founders when they gave Congress limited power in the Constitution to regulate commerce ‘among the states’.”

(See: http://FirearmsFreedomAct.com/what-is-the-commerce-clause/)

MSSA is the primary political advocate for gun owners and hunters in Montana, having gotten 54 pro-gun and pro-hunting bills through the Montana Legislature in the past 25 years. SAF is a pro-gun foundation in Bellevue, Washington, established to press the rights of gun owners primarily in judicial fora. SAF has been a party to numerous lawsuits to assert the rights of gun owners across the Nation.

The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

Filed under: Shooting Industry News by AmmoLand 3 Comments »

Mayor Bloomberg Uses Ft. Hood Terrorist Attack To Push Gun Control

National Rifle Association

New York, NY - -(AmmoLand.com)- In another transparent attempt to undercut the Second Amendment fresh on the heels of his hidden-camera attack on gun shows, Michael Bloomberg’s anti-gun group, Mayors Against Illegal Guns, has alleged that the terrorist attack resulting in multiple murders that took place on Ft. Hood recently could have been prevented by changes in federal gun laws.

In an ad in the Washington Post on Monday, Bloomberg’s group claimed that the Ft. Hood terror suspect’s “gun purchase could have been key to the FBI’s investigation into his association with terrorists.”

Incredible
It has already been reported that before the suspect purchased the gun allegedly used in the murders, the FBI knew that between December 2008 and June 2009, he had sent 16 emails to a radical Islamic cleric based suspected of having ties to al-Qaeda. In one, he told the cleric that he could not wait to join him in the afterlife.

Nevertheless, after reviewing the e-mails, the FBI and other federal agencies concluded that the suspect was not a threat, and it has since concluded that the crimes of which he is suspected were not part of organized terrorism.

On November 9, the FBI stated

“Major Hasan came to the attention of the FBI in December 2008 as part of an unrelated investigation being conducted by one of our Joint Terrorism Task Forces (JTTFs). JTTFs are FBI-led, multi-agency teams made up of FBI agents, other federal investigators, including those from the Department of Defense, and state and local law enforcement officers. . . . Investigators on the JTTF reviewed certain communications between Major Hasan and the subject of that investigation and assessed that the content of those communications was consistent with research being conducted by Major Hasan in his position as a psychiatrist at the Walter Reed Medical Center. Because the content of the communications was explainable by his research and nothing else derogatory was found, the JTTF concluded that Major Hasan was not involved in terrorist activities or terrorist planning. . . . [T]he investigation to date indicates that the alleged gunman acted alone and was not part of a broader terrorist plot.”

Bloomberg says that if the federal law requiring the FBI to purge the NICS system of records of approved gun purchasers had not been in place, the FBI would have known that Hasan had bought a gun and changed its judgment about him. But while few Americans exchange e-mails with radical clerics suspected of ties to al Qaeda, there are about 12 million NICS firearm checks annually.

To Bloomberg, apparently, buying a gun is reason enough to be suspicious.

Bloomberg also says that Congress should approve legislation introduced by, long time gun banner,  Sen. Frank Lautenberg (D-N.J.), to allow Americans placed on the FBI’s terror watchlist to be prohibited from buying firearms, but to deny them the right to confront their accusers and the “evidence” against them. Both concepts received a nod from the Obama Administration on November 18. During hearings before the Senate Judiciary Committee, Sen. Chuck Schumer (D-N.Y.) asked Attorney General Eric Holder whether the administration supported legislation to allow to FBI to retain NICS gun purchase records, and Sen. Dianne Feinstein (D-Calif.) asked Holder whether the administration supported legislation “closing” the so-called “Terror Gap.” Holder responded in the affirmative on both counts.

You would think that someone who can spend $200 million of his own money to get elected mayor of New York City three times could afford copies of the U.S. Code and the Constitution. Not only does federal law stipulate the specific grounds for denying a person the right to arms, the Fourteenth Amendment states that no one shall be deprived of liberty without due process of law.

And while he is at it, he could buy a copy of another well-known publication, Webster’s Dictionary, and look up the word “obsession.”

To see Bloomberg’s Washington Post ad, and whether your town’s mayor is allied with his group, see www.mayorsagainstillegalguns.org/downloads/pdf/terror_gap_ad.pdf.

About:
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

Filed under: Gun Rights News by AmmoLand 3 Comments »