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

Lead ammo and the EPA

Many of you will be aware that the Center for Biological Diversity submitted a petition to the Environmental Protection Agency asking the EPA to ban the use of lead for ammunition as a toxic material.

The good news is that when Congress gave the EPA the authority to regulate toxic materials in the environment, Congress specifically excepted lead ammunition from that EPA regulatory authority.

So, the EPA has reviewed the petition from the CBD and has rejected the request to regulate lead ammo, stating that it lacks authority to do so. Read more

Precision Rifle Matches, Potomac, MT

In case you are not aware of it, MSSA has been conducting precision rifle matches near Potomac (25 miles NE of Missoula) for about five years.

We hold these matches on the third Saturday of each month during the shooting season (April through October) on several thousand acres of private ranchland near Potomac.

This is not a highly competitive match, since we don’t offer any prizes or trophies. Rather, it is an opportunity to play with rifles at distance, under safe rules and conditions, with targets provided, under uniform rules, and under field conditions.

Participants may enter Hunter Class to engage 41 steel targets downrange mostly between 100 and 300 yards. Or, shooters may enter Precision Class, to engage 65 steel targets downrange between 300 and 1,000 yards (one target array at over 1,300 yards). All shooting is done under field conditions (i.e., no shooting benches).

Shooters are squaded at match start into mixed squads of Hunter and Precision class shooters. Each squad moves to one of eight shooting position for each squad member to engage targets available from that shooting position. When all members of a squad complete that shooting position, the squad moves on to the next position. Eight shooting positions provide a full day of challenging rifle shooting.

Did you ever wonder if your riflery is up to snuff? This match provides a chance to find out how you do when compared with others of similar interest.

All the details about this match, and scores and pictures of previous matches, are at:
http://marbut.com/Rifle/

I maintain a separate email list for people who wish to be notified about rifle matches. If you wish to be on that Rifle email list, reply to this email and ask me to put you on the Rifle list. If you want today’s Rifle List announcement about the upcoming 9/18 rifle match, ask me for that too.

As a personal note, you all know that I believe passionately about the right to bear arms. I sincerely believe that the right to bear arms should be claimed and asserted especially by people who shoot well (and that people who assert the RKBA dang well ought be able to shoot adequately). The Potomac Rifle Matches are intended to allow you to be informed about whether or not you are competent at distance shooting with a rifle, and to associate you with other folks who can and will collaborate on upgrading your equipment and skills.

Finally, the Potomac Rifle Matches are the ONLY fundraiser our separate MSSA Political Committee has to raise much needed funds for MSSA to be a player in the upcoming elections. So, your match fees for this match go to help MSSA achieve its pro-gun political goals.

Come shoot the match with us. It’s really a lot of fun – a lot – really!

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

Wolf Solutions Revisited

Howdy Folks, (Note: Sent to Peay’s list minus state agency personnel, identifiable conventional media, and state legislators.)

Greetings from Montana.

Don Peay recently sent out an email to a bunch of us with the Subject line of: “Moving Forward on Solutions for wolves.”

I agree with Don that we need to identify solutions, and put the necessary pieces in place to accomplish those solutions. But, what viable solution are out there?

I see three primary possible solutions to the “wolf problem.” All of these are problematic to one degree or another. And, there may be other viable solutions I’m not aware of. But here are the three current front-runners:

1. Don Peay (SFW) proposes changing the Endangered Species Act to some unknown extent with congressional action. This is a great idea. The problem is that it will be difficult to implement. Difficult? Given the current political climate in D.C., I’d say there’s a slim chance of getting meaningful ESA reform within the next year. The good news is that the political climate in D.C. may change significantly this November. Maybe. Any change in the D.C. political climate will improve the chances of getting ESA reform passed. How much improvement is unknown. Wait and see.

So, the idea of ESA reform is a super idea. Peay should forge ahead with that, with as much support as the rest of us can offer, notwithstanding the long-shot nature of the solution.

2. Bob Fanning (FOTNYEH) has long carried all of his eggs in the basket of an intended federal lawsuit to demonstrate that the entire wolf introduction program has been illegal since the beginning, and to get court orders mandating some sort of roll-back of the status quo. Since Bob has not obtained pro bono legal talent for this litigation, hired counsel would be needed at considerable expense – perhaps somewhere between $100,000 and $250,000.

A win in court by FOTNYEH would be another great solution. Of course, getting federal judges to grant relief in re wolves has not proven to be a highly successful undertaking so far, perhaps because the right arguments haven’t been made. Fanning does have some good arguments to make, and FOTNYEH has preserved standing and a long official record.. Personally, I like the idea of a federal lawsuit to force the feds to admit wrongdoing in re wolves. However, both because of the expense and because of a federal judiciary that seems overly tolerant of wolves, a litigation solution is also another long shot, and this solution could take a lot of time. As with idea #1, we should all support Fanning/FOTNYEH as much as we can in getting the wolf problem solved this way.

3. I play much more successfully in the state legislative arena. With MSSA, I’ve gotten 54 pro-gun and pro-hunting bills through the Montana Legislature, including Montana’s large predator management law and putting the right to hunt into the Montana Constitution. In the 2009 session of the Montana Legislature, Senator Joe Balyeat carried a very staunch anti-wolf bill that I’d written, SB 183 – see the bill text at:
http://data.opi.mt.gov/bills/2009/billhtml/SB0183.htm

SB 183 didn’t pass in 2009, both because it was so staunch and therefore a difficult sell to the Legislature, and because not enough people turned out to support the bill to make this difficult sell happen.

MSSA has not given up on using state legislative, 10th Amendment action to wrest wolves away from federal control. I think there’s a good chance we can get a refurbished version of SB 183 through the 2011 Montana Legislature. The pilot work done with our federal litigation to validate the Montana Firearms Freedom Act will certainly help with any state/fed contest in court over state/fed wolf control authority (both wolves and federal firearm regulations are exercise of congressional power to “regulate commerce … among the states.”)

So, MSSA will continue to press on the front of corrective action via preemptive state law. We’d be pleased to have whatever support may be offered by any other entities in achieving this goal.

There may well be other, viable ideas out there about “wolf solutions.” If so, I’d be glad to hear of them, and any good ones should be floated among all for consideration.

In the meantime, I don’t see any of the long-term players abandoning wolf solutions they’ve invested in for years (FOTNYEH – litigation; MSSA – legislative action; and SFW – ESA change). I do thoroughly support the idea that none of us should be obstructing any of the other efforts, and that all of us should contribute talent, experience and effort to other active entities as possible.

Finally, let me use this missive to acquaint readers with two other cards MSSA has in play in the wolf contest. For over a year I’ve been stirring the pot about wolf-transmitted diseases to help reframe wolves from Disney creatures into disease-ridden threats to human health. My purpose is to shift public and political sentiment and therefore political will concerning wolves.

And, MSSA is putting together a plan to hold a series of public hearings around Western Montana to take public testimony on the extent to which the Montana Department of Fish, Wildlife and Parks (FWP) has or has not met its constitutional and statutory obligation to foster huntable game herds and protect those herds from predators. Recordings of these hearings and summaries of the hearings will be provided to the Montana House Appropriations Committee when they are considering the FWP budget request in the 2011 session. No more FWP black hole for public wolf comment. WE will take the public comment and guarantee that it gets to the decision-makers – those who hold the purse strings.

In summary, there seem to be three viable, strategic ideas to address the wolf problem. All three are long shots, in one way or another. All three should be pursued by those who have the interest and expertise to do so. EVERYONE concerned about wolf impact should aid all three solutions to whatever extent they can. Any other viable ideas for solution should be promoted in this marketplace of ideas.

Best wishes,

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

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