Oral Arugments Scheduled For March 4th – 1/9/13
You probably know that I wrote the Montana Firearms Freedom Act to mount a challenge to federal “Commerce Clause” power, using firearms as the vehicle for the exercise. The MFFA declares that any firearms made and retained in Montana are simply not subject to any federal authority under the power given to Congress in the Constitution to “regulate commerce … among the states.”
We filed our federal lawsuit, MSSA v. (US Attorney General) Holder, on October 9, 2009, the day the MFFA went into effect. We need to get to the US Supreme Court in order to overturn a century of bad Commerce Clause precedent.
We have been stalled at the Ninth Circuit Court of Appeals for a year and a half now.
FINALLY the Ninth Circuit has scheduled MSSA v. Holder for oral argument on March 4th, in Portland, Oregon (the Ninth hears cases in San Francisco, Portland and Seattle, depending …)
Quite frankly, we expect to lose at the Ninth (although one never knows what the historically-quirky Ninth may do). That will be fine, since it will give us control over the essential appeal to the USSC.
Minor note: As the sole individual plaintiff in the case, and as President of plaintiff MSSA, I hope to attend this oral argument in Portland, depending on two things: 1) The status of activity in re MSSA’s several bills before the Montana Legislature, and 2) Figuring out a way to afford the costs of travel and lodging. For anyone who wishes to help with this, a donation could be made to MSSA with a credit card via PayPal from MSSA’s Website, mtssa.org.
Bottom line, MSSA v. Holder and the Montana Firearms Freedom Act are finally on the move again!!!!
Thanks are again due to our partner in this litigation, and also a plaintiff, the Second Amendment Foundation, and to Missoula attorney and MSSA Life Member Quentin Rhoades for his role as chief counsel in this lawsuit.
Gary Marbut, president
Montana Shooting Sports Association