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MFFA lawsuit – amici sought

November 4th, 2009 admin

Greetings from Montana.

You may be aware that the Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation have filed our Complaint (MSSA v. Holder) in federal court to validate the principles of the Montana Firearms Freedom Act (MFFA), passed by the 2009 Montana Legislature.  Also, an MFFA clone has been passed in Tennessee, and other clones have been introduced in Alaska, Texas, Florida, South Carolina, Minnesota, Michigan, Pennsylvania and Ohio.  Legislators in about 20 other states have told me that they will introduce clones in their states once their legislatures reconvene.  I’ve been pooling information about this national movement at: http://FirearmsFreedomAct.com

I wrote the original MFFA, and both MSSA and I are plaintiffs in our lawsuit.

The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority under Congress’s commerce clause power.  The subject of this effort is a states’ rights/Tenth Amendment challenge to federal commerce clause power.  Firearms are the object of the exercise.

Now we are seeking amici parties to support our position in this litigation.  Our lawsuit is filed in federal district court in Missoula, Montana.  In our complaint, we request both a declaratory judgment and injunctive relief.

We would REALLY like to see an amicus from any other interested state, or other interested entities.

We would like to get amicus parties onboard as soon as possible.  We expect that there may soon be dispositive motions in the case from the U.S., such as a motion to dismiss for lack of a justiciable controversy.  Having amicus parties already involved will help us resist any such motions.  The next scheduled event in the lawsuit is a preliminary pretrial conference on February 2, 2010.

The lead attorney of our litigation team is Quentin Rhoades of Missoula (406-721-9700).  Quentin invites potential amici parties to contact him with any questions.

I am developing a list of simpatico Montana attorneys willing to serve as pro hac vice sponsors in re interested amici parties.  I should have that list available soon.

Thanks loads for your interest.

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
406-549-1252

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