MFFA lawsuit – amici sought
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
My concern with this lawsuit is that it may lead to the law being declared invalid by the U.S. Supreme Court, thus causing many officials in Montana and elsewhere to simply give up. Here is a quote from the governor of Kentucky in 1825, as reported by historian Dr. Thomas Woods:
“When the general government encroaches upon the rights of the State, is it a safe principle to admit that a portion of the encroaching power shall have the right to determine finally whether an encroachment has been made or not? In fact, most of the encroachments made by the general government flow through the Supreme Court itself, the very tribunal which claims to be the final arbiter of all such disputes. What chance for justice have the States when the usurpers of their rights are made their judges? Just as much as individuals when judged by their oppressors. It is therefore believed to be the right, as it may hereafter become the duty of the State governments, to protect themselves from encroachments, and their citizens from oppression, by refusing obedience to the unconstitutional mandates of the federal judges.”
CITED FROM: Thomas E. Woods, Jr. “The States’ Rights Tradition Nobody Knows.” LewRockwell.com. June 29, 2005. http://www.lewrockwell.com/woods/woods44.html
Anyway, I will e-mail you at the Montana Shooting Sports Association with a list of people and groups that I suggest you ask for amicus briefs.
I believe it’s a possiblility to overrule Wickard v filburn and all other big government endorsing decisions made by supreme court. The justices that are eager to overrule in order by top 4 are Clarence Thomas, Antonin Scalia, Samuel, Alito , and Chief Justice John Roberts and here’s some evidence why.
Clarence Thomas called for the court to screw substancial effects test and revert to the way it was originally intended for in United States v Lopez.
Antonin Scalia has changed his ways since raich and Concurred in Gonzales v cahart upholding partial birth abortion ban act by questioning congress’s power to regulate such.
Samuel alito dissented upholding homemade banned SMG’s by saying lopez should extend to barring congress from making possessionary offenses under comerce clause(US v Rybar, 3rd circuit 1997).
John Roberts hasn’t make any rulings or dissents in federalism yet but he believes it’s immoral and unconstitutional for congress to solve ordinary social ills using the commerce clause saying that new york aint the same as minnesota and there is not good idea clause.
Anthony Kennedy I believe is likely to look back to his concurrence in United states v lopez and realize the commerce clause gives congress no ordinary direct control of the economy or other social issues. I hope Sotomayor will favor states rights with her being a centerist like Potter Stewart.
I’m gonna scream if they say too bad and go ask congress becuase they didn’t say to bad to a couple a fags in texas who were arrested for having butt sex but were rewarded sympothy. The nd and 10th amendments need more libertarian leaning interpretations and those have been ignored for too long yet they have recognized abortion and privacy as fundamential rights in the past. It is a restriction onstates to prevent them from regulating commerce with other states and for congress to give full faith and credit to free trade.
Wonderful Wyatt’s Torch!
What part of Shall Not Infringe don’t they understand?
This is a no-win situation for the federales since either way and no matter what happens…the states will redeclare and reassert Individual Sovereignty sooner or later…before official bankruptcy or after!
Surely there are millions across the globe that understand and support Montana Sovereignty just the same as they respect Saudia Arabia Sovereignty?
Perhaps Freedom Fighters from across the globe will be called by conscience to stand with Montanians for surely if we all refuse to stand for our neighbors…we’ll be next!
Hey, don’t jackboot the rooster for sounding the Sons of Liberty Rising!
Sincerely,
John and Dagny Galt
Atlas Shrugged, Owners Manual For The Universe!(tm)
.
I wish the non-representatives we have here in Illinois would jump on board and follow the same pattern of protecting the people of Illinois from the Federal Government like the representatives in Montana,Tennessee, New Hampshire and other states have done. I feel that the people living in Illinois are already living in a police state and that if We The People of Illinois don’t act in 2010 to rid ourselves of these parasites we currently have in Illinois as our representatives then we here in Illinois are a lost cause. We The People of Illinois must come together and boot out all of the non representatives like Dick Durbin,Janice Schakowsky,Bobby Rush, and Louis Gutterez and of course our Governor Quinn who I believe is almost a corrupt as our ex-governor Blagovich. We need to get some true conservative representation in illinois. People who actually believe in and will follow our Constitution before anything will change within our state.