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- #NowIsTheTime to make Congress hear our demand to reduce #gun violence. Help send 30K emails by midnight http://t.co/GdNtznlD
- Make sure Congress hears our demand for action to reduce #gun violence. Let's send 30,000 emails over the next 48 hours http://t.co/GdNtznlD
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- Nationwide call-to-action: Help rally friends & family to send 30,000 emails to Congress in the next 48 hours: http://t.co/GdNtznlD
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Federal Court Rejects Montana Effort to Evade Federal Gun Laws
Sep 30, 2010
Washington, D.C. – Federal district court Judge Donald Molloy late yesterday threw out a lawsuit brought by the Second Amendment Foundation and other “gun rights” groups in support of Montana’s “Firearms Freedom Act,” one of a number of controversial state laws that attempt to exempt guns made in that state from federal gun laws.
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, arguing that the Montana law is unconstitutional.
“We are pleased that the court rejected this dangerous, misguided and unconstitutional law,” said Paul Helmke, President of the Brady Center to Prevent Gun Violence. “It is already far too easy for dangerous people to get deadly weapons. There is no reason for Montana or other states to allow gun sales without the Brady background checks that help keep guns away from criminals.”
The Montana law would have exempted Montana-made guns from the federal Gun Free School Zones law and the ban on guns in federal facilities and courthouses in Montana. It would have allowed teenagers to possess handguns despite a federal law prohibiting handgun possession by anyone under 18. It would have allowed the sale of virtually untraceable firearms without Brady background checks, records of sale, or serial numbers, thus endangering public safety and national security.
The judge adopted the findings of U.S. Magistrate Judge Jeremiah C. Lynch who last month recommended that the case be dismissed. Judge Lynch found that the plaintiffs lacked standing to challenge Montana’s law, and that even if they had standing, the Act violated the U.S. Constitution’s Supremacy Clause, as a state cannot exempt itself from federal laws. The judge also found that the Second Amendment provides no right to make guns that are exempt from federal requirements.
The Proskauer law firm and Montana attorney Cynthia Wolken are representing, on a pro bono basis, the Brady Center and the other groups filing the brief.
Joining the Brady Center’s brief are Montanans Against Gun Violence, Montana Human Rights Network, International Brotherhood of Police Officers, National Black Police Association, Hispanic American Police Command Officers Association, and the National Network to End Domestic Violence.
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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.
We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.
Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.
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