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Magistrate Recommends Dismissal of "Firearms Freedom Act" Lawsuit
Sep 1, 2010
Washington, D.C. – A U.S. Magistrate Judge has issued an opinion recommending the dismissal of a lawsuit brought by the Second Amendment Foundation and other gun groups in support of Montana’s “Firearms Freedom Act,” one of a number of controversial state laws passed in the last year that hold that Federal gun laws don’t apply to guns made inside state borders.
The judge agreed with a brief filed by the Brady Center to Prevent Gun Violence, joined by a coalition of Montana and national gun violence prevention, law enforcement, and domestic violence groups, on May 18, 2010, arguing that the Montana law is unconstitutional. The Montana Firearms Freedom Act seeks to exempt Montana-made firearms from federal laws requiring background checks to keep guns away from criminals and record keeping that allows law enforcement to trace crime guns.
“The gun lobby’s so-called ‘Freedom’ acts would threaten public safety by circumventing lifesaving Federal laws,” said Paul Helmke, President of the Brady Center. “The Magistrate’s recommendation was correct that the lawsuit, and the Act itself, should be thrown out.”
The gun group plaintiffs had asked the court to declare that they could make and sell firearms in Montana without complying with federal firearms laws. The judge found that the plaintiffs lack standing to challenge Montana’s law, but that even if they had standing, the Act violates the Supremacy Clause, as a state cannot exempt itself from federal gun laws. The judge also found that the Second Amendment provides no right to make guns that are exempt from federal requirements.
A federal district court judge will now decide whether to accept the magistrate's recommendation to dismiss the case.
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The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.
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