Federal judge tosses out Montana's firearms freedom act lawsuit

[madengr]

It would start an ATF investigation and federal arrest operation, which the sheriff would have to deny. Somebody has to toss the shit into the fan.

 

[Scipio]

If you make a stand then I'm in the truck and on my way. If not then it is just more useless banter.

You and me both brother.

 

[Southron]

This is where you really need a state sanctioned militia. What leaders wouldn't be afraid without force to back them up?

 

[Icymudpuppy]

I am waiting to see the next step. I hope Montana has the guts to force this issue to a standoff and an alliance with other 10th Amendment states.

 

[Richard A Hamblen]

Where is the Montana legislature on this? They (like Tennessee) passed the Firearms Freedom Act, but are they willing to defend the law as passed? The MTSSA and any other private group can sue all they want, and lower courts will continue to deny them. But if the state files suit, then the USSC has original jurisdiction and must hear the case, and Montana can force a trial. So where is Montana? Or is Montana just another chicken hearted state which will pass legislation and resolutions with no intent of ever pushing enforcement? This will be a great question to ask the Republican candidate for governor of Tennessee on October 18 at the TFA meeting. And if the USSC declares the law null and void, what then my fellow countrymen?

 

[pcosmar]

This is where you really need a state sanctioned militia. What leaders wouldn't be afraid without force to back them up?

Actually, we need a "we the people" sanctioned militia. The state can either like it or change.

 

[Matt Collins]

Where is the Montana legislature on this? They (like Tennessee) passed the Firearms Freedom Act, but are they willing to defend the law as passed? The MTSSA and any other private group can sue all they want, and lower courts will continue to deny them. But if the state files suit, then the USSC has original jurisdiction and must hear the case, and Montana can force a trial. So where is Montana? Or is Montana just another chicken hearted state which will pass legislation and resolutions with no intent of ever pushing enforcement? This will be a great question to ask the Republican candidate for governor of Tennessee on October 18 at the TFA meeting. And if the USSC declares the law null and void, what then my fellow countrymen?

This sounds like a good start to a new blog post for you

 

[kahless]

There are just too many things we need to fight them on so why bother going to the Supreme Court to only lose more rights. They therefore should begin debating how to handle the transition towards total independence.

In doing so, to obtain the backing of the people, they could promote private solutions to replace federal programs. The first step being demanding the federal government return the Montana citizens portion of Social Security and provide the citizens a guide to retirement investment options.

 

[Koz]

I have a question, does the ATF and the DOJ recieve thier marching orders from the executive branch? If so, if someone who was a constitutionalist sat in the WH could they direct the ATF and DOJ to agree with the plaintiff?

I know Obam is in the WH and this won't happen with him there, but I was just curious.

 

[agitator]

Ol

Advocating violence isn't a good thing.

You always struck me as a little pussy.

 

[KCIndy]

I have a question, does the ATF and the DOJ recieve thier marching orders from the executive branch? If so, if someone who was a constitutionalist sat in the WH could they direct the ATF and DOJ to agree with the plaintiff?

I know Obam is in the WH and this won't happen with him there, but I was just curious.

Given the sort of unconstitutional "Executive Order" stunts that have been pulled by the last several inhabitants of the White House, I would imagine almost nothing would be off limits.

 

[amy31416]

Ol

You always struck me as a little pussy.

Zoiks!

 

[GunnyFreedom]

I think the best step is for Montana residents to demand clarification not from federal courts but from their state legislature. The clarification should be another law reaffirming the first one and explicitly empowering state law enforcement to arrest any ATF or other feds who interfere with gun manufacturers, sellers, and owners in Montana who are acting in accordance with state law. Montana residents need to demand this vocally and repeatedly from their representatives, and those legislators who voted for the first law should feel obligated to vote for this one as well. This can be another example proving what Federalist #78 says, which is that the court has neither force nor will, only judgment.

I agree.

Hear here.

 

[sailingaway]

The question is now as to the resolve of both the MT Governor and their legislature. How far are they willing to take this?


Are they willing to arrest any federal official who breaks their law? Or are they going to roll over and say "good fight but we lost this one"?

Will they make the stand, draw the line just to give them a taste, or will they capitulate like cowards?


It ultimately does come down to force.

Well, there is also the possibility of appeal.

 

[Pericles]

This is where you really need a state sanctioned militia. What leaders wouldn't be afraid without force to back them up?

This is why the state militias are necessary for the security of a free state. They are the enforcement mechanism.

 

[Matt Collins]

You always struck me as a little pussy.

That's because you are intellectually incapable. I never said I was a pacifist.

 

[Matt Collins]

Well, there is also the possibility of appeal.

Can you appeal a denial? Or can you only appeal a conviction?

 

[Live_Free_Or_Die]

Can you appeal a denial?

Yes you appeal to your fellow citizens. Like I appealed to you earlier in the thread. What are you willing to personally defend?

We The People are the appeal. We The People are the final Grand Jury of truth.

 

[BenIsForRon]

It ultimately does come down to force.

Which is why Montana will win this thing if they stick to their guns (figuratively). The worst thing that will happen is some kind of a raid by ATF agents. All Montana has to say is, "No, you can't do that". You're not going to see the army invade Montana and arrest all gun owners or manufacturers.

So as long as Montana sticks up to the political pressure, they will be fine.

 

[Vessol]

Isn't there a clause in Montana's constitution that gives it the right to secede if the 2nd Amendment is violated?