Montana –-(Ammoland.com)- The Montana Shooting Sports Association and its President, Gary Marbut, have filed a complaint with the Montana Office of Disciplinary Counsel against an attorney in New York City for allegedly offering legal advice without being licensed to practice law in Montana.
“It is a criminal act in Montana for a person who is not licensed to practice law to hold himself out as an attorney and to provide legal advice or services. It would be disappointing if members of the Missoula City Council have relied on criminal acts of someone from New York City in formulating public policy deemed suitable for Montana people.”
The letter reads;
Montana Shooting Sports Association
P.O. Box 4924
Missoula, Montana 59806
January 26, 2017
Office of Disciplinary Counsel
P.O. Box 1099
Helena, MontanaComplaint re Jonas Oransky, Esq., NYC
Dear Sirs,
Mr. Jonas Oransky, self-identified as counsel for Everytown for Gun Safety, and who I believe to be an attorney residing in New York City, New York, has been providing legal advice for entities and persons in Montana. I do not find Mr. Oransky listed as licensed to practice law in Montana.
Everytown for Gun Safety is an organization established and funded by former NYC mayor Michael Bloomberg to advance gun control laws, as it has done in numerous states and cities across the U.S. The Missoula City Council has been considering an ordinance to require federal background checks for private transfers of firearms in Missoula. Missoula enacted this ordinance. Montana Attorney General Tim Fox released an AG Opinion declaring that this ordinance is in conflict with state law and is unenforceable. See AG Op 57-1 at:
https://media.dojmt.gov/wp-content/uploads/Knudsen-AG-Opinion-Final.pdf
Attached is a .pdf file of 54 pages of emails obtained from the City of Missoula through a freedom of information request. Among these emails are a number wherein Mr. Oransky advises Bryan von Lossberg, a member of the Missoula City Council, and others(1), that the (then) proposed Missoula ordinance is/was perfectly legal.
For example, in one email dated September 10, 2015 (Page 17 of attached .pdf), Mr. Oransky advises Councilman von Lossberg and others, “We are well aware of the 45-8-351 provision, and believe that Missoula is empowered to legislate in this fashion; we are also aware that the ordinance could lead to litigation (as many gun violence prevention laws do), and believe that Missoula would prevail.”
I believe this and other communications contained in the attached .pdf, and others possibly unknown at this time, constitute providing specific legal advice and legal services in Montana. Not only has Mr. Oransky been offering legal advice in Montana, but according to Attorney General Fox’s recent Opinion, it was bad advice. If Mr. Oransky is not admitted to the practice of law in Montana, I believe his legal advice would constitute a transgression that falls within the purview of your office.
I request that this matter be investigated. If the investigation corroborates this Complaint, I ask that the Commission on Practice sanction Mr. Oransky in whatever ways are allowed under law. Finally, I ask that you also forward a copy this Complaint to whatever entity in New York serves the same function as the ODC and the Montana Bar does in Montana.
Thank you for your serious attention to this matter.
Sincerely yours,
/s/
Gary Marbut, president
About Montana Shooting Sports Association:MSSA is the primary political advocate for Montana gun owners. Visit: www.mtssa.org
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It would only be legal advice if he bills for legal services/representation and represents himself as licensed to practice law in Montana. If you are asked what you think of a law or proposed law and give an answer you are not practicing law, unless you claim to be an attorney for/in Montana AND then give legal advice (according to this article). Since the attorney is not in Montana he can give all the advice he wants, and probably even bill for it, but can’t be IN Montana and do this.
Maybe you will explain “WHY MY MESSAGE WILL NOT BE PUBLISHED?”
Hey Bob, due to high volume of traffic, sometimes it takes awhile. Did someone from Ammoland contact you and specifically say that your message will not be published?