Top court asked to rule on state gun rights laws
HELENA, Mont. — Gun advocates asked the Supreme Court on Monday to overturn a lower court's ruling against state laws designed to buck federal gun rules.
This year, the 9th U.S. Circuit Court of Appeals upheld a district judge's decision against the 2009 Montana Firearms Freedom Act. The law attempts to declare that federal firearms regulations don't apply to guns kept in the state where they were manufactured.
Other pro-gun states have passed similar measures.
The Justice Department has argued successfully that the courts have decided Congress can use its power to regulate interstate commerce. Some gun-control advocates sided with the federal argument, saying “firearm freedom acts” would allow felons to obtain guns without background checks and make it harder to trace guns used in crimes.
The Supreme Court is expected to decide next year whether to accept the request.
The advocates, led by the Montana Shooting Sports Association, have had legal support from the attorneys general from the pro-gun states of Montana, Utah, Alaska, Idaho, Michigan, Nebraska, South Carolina, South Dakota, West Virginia and Wyoming. States that have formally passed a version of Firearms Freedom Act include Alaska, Arizona, Idaho, Kansas, Tennessee, South Dakota, Utah and Wyoming.
MSSA President Gary Marbut has said he wants to manufacture a small, bolt-action youth-model rifle called the “Montana Buckaroo” for sale in Montana. The Bureau of Alcohol, Tobacco and Firearms told Marbut such a gun would be illegal under Montana law, prompting a lawsuit by the group against the U.S. attorney general.
Marbut said high court decisions dating back to 1942 dealing with certain interstate commerce need to be reversed. The request to the Supreme Court argues the rulings have allowed more concentration of power with the federal government.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Surge in small drones making airline pilots nervous
- Oregon recounts votes on measure to label GMO foods
- Boston airport’s ‘naked man’ remains behind bars
- E-cigarettes cut cravings, study finds
- Test vaccine to fight Ebola promising
- Fissures begin to emerge among Dems
- House ethics panel defers campaign finance investigation of New York Rep. Grimm
- Fewer adults smoking, U.S. survey finds
- Liberal Supreme Court Justice Ginsburg has stent placed in heart artery
- Rookie Cleveland police officer acted within 2 seconds to shoot 12-year-old boy
- Supreme Court will hear challenge to EPA’s power-plant rules