Montana Firearms Freedom Act Suffers Setback

The Montana Firearms Freedom Act has suffered a setback in the plaintiffs’ attempt at declaratory judgment in order that the state can manufacture and sell, within the bounds of the state, firearms and accessories, without undergoing the scrutiny of the Federal Government.

Attorney General Eric Holder has filed in Montana court for dismissal on the grounds that “lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted”.

In an effort to get MSSA v. Holder into a courtroom in order that declaratory judgment could be rendered, Judge Jeremiah C. Lynch granted dismissal on the grounds claimed by the defendant. Read more

MSSA v. Holder – hearing transcript available

Several of you have inquired about a transcript for the hearing in our lawsuit to validate the principles of the Montana Firearms Freedom Act.

The transcript for the 7/15 hearing on the U.S. Motion to Dismiss in MSSA v. Holder is now posted to the FirearmsFreedomAct.com Website at:
http://firearmsfreedomact.com/updates/MSSA%20-%20Transcript%20of%20Proceedings%20RE%20Hearing%20on%20Mx%27s%20-%20071510.pdf

or
( HERE)

If you wish to navigate to it, go to the FFA Website, click on Montana Lawsuit Updates on the right column, and from there scroll down to the section on the Motion to Dismiss.

Best wishes,

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

Montana Gun Group Releases Candidate Grades, Endorsements

MISSOULA – The Montana Shooting Sports Association (MSSA) today released its grades and endorsements for candidates for the Montana Legislature. MSSA has posted its just-released candidate grades and endorsements at:
http://www.progunleaders.org/MSSA2010Grades/

MSSA is the primary political action organization for gun owners and hunters in Montana and has gotten 54 pro-gun and pro-hunting bills through the Montana Legislature in the past 25 years. (See MSSA Successes.) MSSA has been evaluating, grading and endorsing candidates, and publicizing those grades for 20 years as well. Unlike some groups that drift onto the scene only prior to elections to give cover to candidates weak on gun issues, MSSA is active in Montana throughout each year. Read more

CWP Class, Missoula

Gun Safety for Personal Protection and Concealed Weapon Permits Course
August 15th

MISSOULA – A course entitled “Gun Safety for Personal Protection and Concealed Weapon Permits” will be hosted in Missoula by the Montana Shooting Sports Association and taught by Gary Marbut on Sunday, August 15th. This one-day course will focus on safe handling, storage and use of handguns suitable for personal protection, selecting a personal firearm, issues of personal protection, allowable use of lethal force, concealed weapon permits, kids and gun safety, and shooting skills, and will include both classroom and shooting range sessions. Graduates will receive a credential qualifying them to apply for concealed weapon permits under Montana law. The class will begin at 9:00 AM, and finish about 4:00 PM. Class size is limited to the first 20 registrants and preregistration and pre-class study are required. Tuition is $90 per student. Students should (not must) be 16 years or older. For further information or to register, call 549-1252 or email gary@marbut.com.
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Note: For anyone who wishes to register by email, I need name, mail address and a contact phone number. I will reply with further instructions.

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

Report – Oral argument; MSSA v Holder US Motion to Dismiss

Dear MSSA Friends,

Oral argument was held today on the U.S. Motion to Dismiss MSSA v. Holder, our lawsuit to validate the principles of the Montana Firearms Freedom Act.

The hearing took place in the U.S. Courthouse at the corner of Broadway and Pattee in Missoula, beginning at 9:00 AM, and finished shortly after 11:00 AM.

The U.S. moved to dismiss the lawsuit (standard, boilerplate move) based on standing, jurisdiction, and merit.

Concerning standing, the U.S. argues that I, as the sole individual plaintiff, don’t face imminent injury to allow me to obtain judicial relief because there is no certainty that the BATFE will arrest me and the U.S. will prosecute me if I forge ahead with plans to make MFFA items without federal permission (licensure). Read more

MSSA v. Holder hearing, 7/15

Many of you are already tracking that there will be a hearing and oral argument on the U.S. Motion to Dismiss our lawsuit to validate the Montana Firearms Freedom Act, captioned MSSA v. Holder (U.S. Attorney General Eric Holder). This hearing will occur beginning at 9 AM on Thursday, July 15th, in the U.S. Courthouse at 201 East Broadway in Missoula. This is a red brick building on the south side of Broadway, the second block east of Higgins Avenue (the main north/south street through old downtown Missoula).

I am told that the courtroom has limited seating, and it is unknown if there will be overflow seating in the courthouse with closed-circuit TV (as is sometimes done with hearings). I am also told that security screening at building entrance will be much like that at commercial aircraft boarding at airports.

It should be interesting. See you there if you care to come.

FYI, just in case no overflow seating gets arranged by the feds and a bunch of interested folks end up standing on the sidewalks outside the courthouse, you might want to bring some signs having to do with the Firearms Freedom Act, the feds, or freedom in general. Even if you can’t get inside, your presence will show solidarity.

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

Oral Arguments On Motion To Dismiss MSSA v. Holder Scheduled

Oral argument has been scheduled in MSSA v. Holder (Montana Shooting Sports Association v. Eric Holder, U.S. Attorney General) concerning the U.S. Motion to Dismiss., for Thursday, July 15th, at 9 AM, by U.S. Magistrate Judge Jeremiah Lynch.

You should remember that MSSA v. Holder is our lawsuit to validate the principles of the Montana Firearms Freedom Act.

We don’t know yet which courtroom in the federal courthouse in Missoula will be used. Whatever one is used it would be great for the spectator area to be fully occupied. It should be an interesting day.

Several folks have asked if cameras or video recorders are allowed. I’m told that no recording devices are allowed in a federal courtroom (at least in Missoula).

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

Briefs Filed In Opposition To MSSA v. Holder

Two briefs have just been submitted in our lawsuit, MSSA v. Holder, to validate the Montana Firearms Freedom Act. Both briefs are from entities opposing the MFFA validation, and both concerning the pending U.S. Motion to Dismiss.

The first brief is from the U.S. (Department of Justice on behalf of Defendant U.S. Attorney General Eric Holder), and is their reply to our brief opposing the MtD.

The second is an amicus brief from the Brady Center (taking the U.S., gun control, side of course).

Both of these briefs are now posted and may be viewed at:
http://firearmsfreedomact.com/montana-lawsuit-updates/

Today’s Lee Bureau story about this may be viewed at:
http://billingsgazette.com/news/state-and-regional/montana/article_85c3cf64-62b7-11df-b8df-001cc4c002e0.html

We will have 14 days to reply to the brief of the Brady Center. Then we will learn if the judge in the case wants oral arguments concerning the Motion to Dismiss. If there is no oral argument, or after that if there is, the court will rule on the U.S. Motion to Dismiss, likely within about 60 days. If the MtD is denied, the lawsuit will go to trial, currently scheduled for December (including plenty of pre-trial activity). If the MtD is granted, it will go to the Ninth Circuit Court of Appeals on appeal.

Stay tuned …

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

Fraud And Deceit Behind Wolf Reintroduction – Don’t Miss This!

WHO: Jim Beers, former Chief of National Wildlife Refuge Operations
WHAT: Public presentation on fraud and deceit employed in the dangerous wolf “reintroduction” program
WHEN: Sunday, May 16, 2010
WHERE: Gran Tree Inn in Bozeman, Montana

Jim Beers, former Chief of National Wildlife Refuge Operations, will address the lies, deceit and fraud employed by the U.S. Fish and Wildlife Service, the state wildlife agencies in Montana and Idaho and environmental groups to illegally introduce Canadian wolves where they were never native, nor endangered.

His presentation begins at 1:00 p.m. on Sunday, May 16, 2010, at the Gran Tree Inn in Bozeman, Montana. Admission is free. Read more

Gun owners and hunters issue legislative endorsements for Primary Election

MISSOULA The Montana Shooting Sports Association today announced its endorsement of 31 legislative candidates for the June, 2010, Primary Election. Endorsements have been made only in races with contested primaries, and only in those races where a candidate clearly superior for gun owners and hunters can be identified.

MSSA has recommended candidates in contested races in seven Democratic and 24 Republican primaries, but only in those races where information on significant issues is available. This usually includes voting records for incumbents, and returned candidate surveys for candidates for open seats or candidates challenging incumbents.

MSSA is the primary political advocate for gun owners and hunters in Montana, having gotten 54 pro-gun and pro-hunting measures through the Montana Legislature in the past 25 years.

The candidates endorsed for the June, 2010 Primary Election are:

SD01, Chas Vincent (R)
SD04, Jon Sonju (R)
SD20, Raymond Roerick
SD31, Pat Wagman (R)
SD35, Art Wittich (R)
SD43, Wayne Ternes (D)
SD44, Bob Lake (R)
HD02, Matt Charlton
HD03, Jerry O’Neil (R)
HD04, Derek Skees (R)
HD08, Carl Glimm (R)
HD11, Janna Taylor (R)
HD12, John Swenson (R)
HD20, Steve Fitzpatrick (R)
HD20, Lee Anne Gills (D)
HD21, Dale Crosby (D)
HD25, Rod Lukasik (D)
HD25, Rick Tryon (R)
HD31, Frank Smith (D)
HD33, Phillip DeFelice (D)
HD38, Alan Doane (R)
HD39, Lee Randall (R)
HD47, James Knox (R)
HD57, Dan Kennedy (R)
HD61, Joel Boniek (R)
HD68, Terry Bannan (R)
HD71, Bob Wagner (R)
HD78, Bowen Greenwood (R)
HD84, Mike Miller (R)
HD86, Kathy Swanson (D)
HD87, Jeff Burrows (R)

All endorsed candidates were sent a copy of the endorsement letter attached below.

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Information: contact MSSA president Gary Marbut at 549-1252 or at mssa@mtssa.org

===============================
(On MSSA letterhead)

May 4, 2010

Name
Address
City, State Zip

Dear Name,

I am pleased to inform you that you are endorsed by the Montana Shooting Sports Association (MSSA) in your bid to be nominated as the legislative candidate for «USER01» in the June, 2010 «USER02» Primary Election.

MSSA is the primary organization asserting the right to keep and bear arms and the rights and prerogatives of hunters in Montana. You will be aware that we routinely obtain passage of pro-gun and pro-hunting legislation by the Legislature.

You have been endorsed by MSSA because you are clearly the best candidate in your Primary Election contest to represent gun owners and hunters. We highly recommend you to the voters of your election district in the Primary Election. We think the right to keep and bear arms and hunting are important. Those voters in Montana who agree with us about this important right should know that you will certainly be the best of the Primary Election candidates in your party to represent our shared convictions.

We believe it is important to elect people to public office in Montana who believe in the rights reserved to the people by our constitutions, state and federal, and especially our right to keep and bear arms, and who believe in our cherished heritage and culture of hunting game animals.

We will review this race separately for potential endorsements for the November General Election.

We wish you the best for your Primary Election challenge.

Sincerely yours,

Gary Marbut
President

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

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