MT: AG makes Decision: Missoula Gun Control "Unconstitutional"

MT: AG makes Decision: Missoula Gun Control “Unconstitutional”


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MT: AG makes Decision: Missoula Gun Control “Unconstitutional”
Gun Watch ^ | 28 January, 2017 | Dean Weingarten

Posted on 01/29/2017 5:40:32 AM PST by marktwain

Last year, the City Council of Missoula voted to pass an ordinance that required that anyone wishing to transfer a privately owned firearm must do so through a Federal Firearms dealer.  There were a couple of exceptions for family members and at shooting ranges.

Many said at the time said the ordinance was a violation of Montana law, and was illegal.  The City Attorney claimed that the law was legal. The AG of the state, Tim Fox, stated a personal opinion, at the time the law passed, that the law was not legal or Constitutional.  Now AG Fox has issued an official opinion on the subject, dated 26 January, 2017. From crossroadstoday:

Fox had maintained all along Montana law didn’t grant the city that authority — and he confirmed that position in the new opinion.

Fox noted Missoula does have certain powers as a charter city, saying it does have the authority to regulate the use and carrying of firearms under state law. However, Fox says state law doesn’t allow Missoula to have an ordinance “enforcing a local regulation or ordinance requiring background checks on firearm sales or transfers within its borders.”

Montana passed a state pre-emption law thirty years ago, to prevent a patchwork of contradictory firearms laws from being enacted across the state. From the missoulian.com:

The state previously allowed cities to make their own laws regarding firearms sales, Fox wrote in his opinion, but a 1985 House bill repealed that section of the MCA and replaced it with new language that still is in place.

“The purpose of HB 643 was clear – only the state should decide how firearm purchases, sales and transfers should be regulated, if at all.”

Many people predicted the Attorney General would come to this official conclusion. Now he has done so.  It seems unlikely that the City of Missoula would attempt to take this decision to court, but it might.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TOPICS: Government; Politics; Society
KEYWORDS: banglist; guncontrol; missoula; mt


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A test of Montana’s preemption law.

Not very popular.

1 posted on 01/29/2017 5:40:32 AM PST by marktwain

To: marktwain

Trump is pro 2nd amendment.

The fight will be over when I can walk into a NYC gun shop and buy a gun with no issues.

Until then, it’s a fight not finished.

FOUR character references needed in NYC for permit.

Those who know me know that might as well be 50!

2 posted on 01/29/2017 5:43:39 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)

To: dp0622

The fight will be over when I can walk into a NYC gun shop and buy a gun with no issues.

Prior to the Gun Control Act of 1968, in most places you could walk into a store, select a handgun to buy, pay cash, and walk out without having to show ID. And no record of the transaction going to any government entity.

3 posted on 01/29/2017 5:50:00 AM PST by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)

To: dp0622

“Those who know me know that might as well be 50!”

Well now, I am trying to decide what the meaning of that might be. Is it that you can easily get four or fifty or even more or is it that you can’t get four, let alone fifty?

4 posted on 01/29/2017 5:51:01 AM PST by RipSawyer (At the end of the day…the sun goes down.)

To: PapaBear3625

I believe in New York City, it could be done for rifles and shotguns.

Pistols required a hard to get license, because of the infamous Sullivan Law.

The Sullivan Law was lobbied for and got passed by Big Tim Sullivan, a criminal boss of the Tammany Gang that got elected to the New York legislature.

The law was designed to protect criminals and disarm Big Tims opponents.

5 posted on 01/29/2017 5:55:08 AM PST by marktwain (We wanted to tell our side of the story. We hope by us telling our story…)

To: marktwain

Norman Maclean wrote that the number of bastards per square mile increases the further away you get from Missoula.

Now, the number of bastards per square mile reaches the max at The University of Montana.

Lux et Veritas

6 posted on 01/29/2017 5:57:35 AM PST by blueunicorn6 (“A crack shot and a good dancer”)

To: PapaBear3625

You mean to tell me the year before I was born, you could buy a gun ANYWHERE in the US without a problem?

7 posted on 01/29/2017 5:57:46 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)

To: RipSawyer

The second one 🙁

I’m half a nut but not with a GUN I wouldn’t be!

But NYC folk (including family/friends) are so afraid to even give a REFERENCE that it’s pathetic and it’s time to get back to the Constitution.

Do they remember that thing? It’s NOT LIVING AND BREATHING! It’s dead. Long live the constitution!

8 posted on 01/29/2017 6:00:44 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)

To: dp0622

Pretty much.

L

9 posted on 01/29/2017 6:01:00 AM PST by Lurker (America burned the witch.)

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