McDonald v. Chicago: Does 2nd Amendment Apply To States?

Photo from fOTOGLIF

McDonald v. City of Chicago is about the right of citizens to keep and bear arms in Chicago, right? Just as District of Columbia v. Heller was about the right of the citizens to keep and bear arms in Washington, D.C. Right? Well, the answer is a resounding YES……and NO!

Heller was a victory for gun rights as the ruling declared that the Second Amendment did guarantee an individual, not a state-run militia, the right to keep and bear arms. But it didn’t answer the question as to whether the states and the cities and towns within those states, have the right to limit or restrict gun ownership based on a degree of sovereignty from the federal government. Hopefully, this is what McDonald v. Chicago will answer for us. Read more

Feds Respond to Firearms Freedom Act Lawsuit

Motion to Dismiss “Expected”

MISSOULA – The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer.

The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge. Read more

Washington Introduces “Firearms Freedom Act” Bill

Representative Matt Shea has introduced HB 2709, the Washington Firearms Freedom Act, I believe now the 15th such bill to be introduced copying our Montana Firearms Freedom Act(MFFA).

In MSSA’s lawsuit to validate the principles of the MFFA, we have a preliminary pre-trial conference coming up on February 2. U.S. Attorney General Eric Holder and the United States (defendants in the lawsuit) have not responded to the suit yet.

We will continue to post new information about this movement at:
http://www.FirearmsFreedomAct.com

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

Montana Firearms Freedom Act Featured On CNN’s Lou Dobbs Tonight

For those with interest, the Lou Dobbs show on CNN is scheduled to be carrying a segment about the Montana Firearms Freedom Act. Check CNN listings in your area for times.

Firearms Freedom Act Of Montana Seeking Amicus Support

Greetings from Montana.

You will 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. Read more

Why Do We Need The Fourteenth Amendment To Reinforce The Bill Of Rights?

Next summer the United States Supreme Court will hear the case of McDonald v. Chicago, which is a challenge to the constitutionality of the city of Chicago’s gun ban. Similar to the most recent gun rights ruling of District of Columbia v. Heller, in which the Supreme Court declared D.C.’s ban unconstitutional and that the Second Amendment guaranteed an individual right to keep and bear arms, the ruling did not define to what extend the states and their local governments can impose their own gun laws.

We have read of late that a Ninth District Federal Appeals Court reaffirmed that the Fourteenth Amendment “incorporates” the Second Amendment, meaning that the 14th Amendment spells out again that the Privileges or Immunities Clause grants the rights of the Bill of Rights to all legal and lawful citizens. It’s a shame that somehow became necessary. Read more

Gun Groups File Lawsuit to Validate Montana Firearms Freedom Act

MISSOULA – The Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation (SAF) filed a lawsuit in federal court in Missoula today to validate the principles and terms of the Montana Firearms Freedom Act (MFFA).

The MFFA was enacted by the 2009 Montana Legislature, signed by Governor Schweitzer, and becomes effective today, Oct. 1.

Lead attorney for the plaintiffs’ litigation team is Quentin Rhoades of the Missoula firm of Sullivan, Tabaracci & Rhoades, PC. The MFFA litigation team also includes other attorneys located in Montana, New York, Florida, Arizona and Washington. Read more

U.S. Supreme Court Will Hear Chicago Gun Ban Case

Last year the U.S. Supreme Court heard the case of District of Columbia vs. Heller and that ruling declared that the Second Amendment to the United State Constitution guaranteed an individual the right to keep and bear arms. But that didn’t stop Chicago from continuing its gun ban, like Washington, D.C. had before the ruling and still does to some degree.

Chicago claims that the Federal Government does not have power over the states and/or municipalities to create their own gun laws. That claim has been challenged and appealed to the highest court in our country. The U.S. Supreme Court will hear McDonald vs. Chicago. Read more

Getting Better Acquainted With Your Neighborhood Czar

Oh, but we’ve talked about Cass Sunstein, the Regulatory Czar, before. Is there more on this radical thug, hand picked by President Barack Obama to head up his Office of Information and Regulatory Affairs, Office of Management and Budget? Oh, yes!

Not to worry though about this czar as this was one of few that actually got voted on by our asleep-at-the-wheel Congress. They are clueless and have been for some time. How important is it that this guy, who wields a lot of clout in his new position, thinks guns should all go and wants to ban hunting. Neither of those two things are that unusual coming from the democrats but it gets pretty freaky when a high ranking White House officials actually thinks animals should have a right to sue their owners. That’s very sick thinking, making me believe he has some kind of mental illness. Read more

Pennsylvania Joins “Firearms Freedom Act” Movement

Add the Keystone State to the list of states who have decided to challenge the federal government’s authority to regulate every particle of guns and gun manufacturing. House Bill 1988 has been introduced.

Vote on Regulatory Czar, Sunstein, Scheduled for Wednesday

Senator moves to block controversial appointment

(Columbus, Ohio) – U.S. Senate Majority Leader Harry Reid (D-Nevada) has scheduled a vote for Wednesday, September 9 on a presidential nominee opposed by many American hunters, gun owners, and farmers.

The nominee, Cass Sunstein, has been tapped to lead the Office of Information and Regulatory Affairs (OIRA) or “Regulatory Czar” as the position is known. The job functions as the “choke point” between the White House and regulations from government agencies including the Departments of Interior, Agriculture, the FBI and the Bureau of Alcohol, Tobacco and Firearms. Read more

CNN Covers Montana’s Firearms Freedom Act

It took awhile but finally CNN covered the story in Montana of their attempt to tell the Federal Government they have overstepped their authority in dictating to that state what they can and cannot do as far as regulating commerce. At issue is HB246, the Montana Firearms Freedom Act, which was passed in the Montana Legislature and signed into law by Gov. Brian Schweitzer. Read more

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