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allowed cities to make their own laws regarding firearms sales, Fox wrote in his opinion, but a 1985 House bill repealed that section of the MCA and replaced it with new language that still is in place.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

environmental nutjobs talk about the day when snow will have to be explained to kids.

In the REAL WORLD it has to be explained to Some Adults that once you could exercise your 2nd amendment rights with no problem from the state/fed.


10 posted on 01/29/2017 6:05:39 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: dp0622

In 1968, before the law went into effect, I went across state lines to a gun shop in Duluth, Minnesota, and bought a pistol for cash, without a problem. I was 17 years old.

I still have the pistol, a Colt Woodsman. I paid $60 for it.


11 posted on 01/29/2017 6:08:10 AM PST by marktwain (We wanted to tell our side of the story. We hope by us telling our story...)
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To: marktwain

One of my greatest memories from living in Missoula as a college student was seeing one of my female friends walk around town with her rifle slung across her back. Being from Michigan, I had never seen anyone open carry in a city like that. In the nineties the town was starting to get overrun by environmentalists and Californians bringing their draconian laws with them. It’s probably even more that way now.


12 posted on 01/29/2017 6:13:11 AM PST by Elvina ("...the right of the people to keep and bear Arms, shall not be infringed.")
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To: marktwain

This is ####ing heartbreaking to hear.

We have the POTUS and the congress and soon the SCOTUS.

I know a lot of southern folk have easy access to guns but I hope you guys still want the 2nd amendment in place everywhere.

We that want it up here will need the help getting that done.


13 posted on 01/29/2017 6:23:09 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: dp0622
Before 1968, you could buy guns and get them delivered in the mail.

You could even order by mail things like a 20mm anti-tank gun.

I grew up in this time. It was a time when a kid in a city like NY could get on his bike and travel all across the place, in safety.

14 posted on 01/29/2017 6:46:25 AM PST by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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To: PapaBear3625

These ads are utterly startling, staggering and surreal, as I told another FReeper.

It seems impossible that there was a time like that and it existed up until I was born.

Yet I had NO IDEA how different things were.

It’s like when Charlton Heston sees the Statue of Liberty

What the hell did we do to our 2nd amendment rights? To our country in general?

Thank God Trump can save this country with executive orders and I want him to sign as many as he can, but there will likely be a day when a dem is in office again and he will have that same power. Maybe MORE by then (20 or 30 years or more hopefully).

It wasn’t supposed to be.


15 posted on 01/29/2017 7:15:05 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: dp0622

Not only that but you could mail order them.


16 posted on 01/29/2017 7:27:34 AM PST by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: dp0622

I use to dream of buying this stuff but had hardly any money now that I am able to. They are not available like they were back then


17 posted on 01/29/2017 7:30:06 AM PST by riverrunner
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To: Durus

So I’ve been told.

It doesn’t seem possible that there was ever a time like that in America.

And I’m not THAT young. I’m 48! I guess the late ‘60s is when things started to go downhill.


18 posted on 01/29/2017 7:35:53 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: riverrunner

That’s a shame.

Trump, with our backing, needs to right this wrong.


19 posted on 01/29/2017 7:36:35 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: dp0622
Prior to the 1914 Harrison Narcotics Act, cocaine and heroin were legal, and could be ordered through the mail. The Sears catalog offered cocaine for sale. Heroin was marketed by Bayer pharmaceuticals as a pain reliever and cough suppressant.

And yet, despite all the ready availability, the US did not have NEAR the issues of drug addiction we currently do, for some reason. And, obviously, there were no drug gangs.

20 posted on 01/29/2017 7:39:51 AM PST by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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