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Montana: Attorney General’s Opinion States Missoula Background Check Ordinance is Illegal

Friday, January 27, 2017

Montana: Attorney General’s Opinion States Missoula Background Check Ordinance is Illegal

Yesterday, January 26, Montana Attorney General Tim Fox issued a legal opinion stating that the City of Missoula’s background check ordinance is invalid and unenforceable.

Missoula enacted the ordinance in 2016. The ordinance requires NICS background checks for almost all sales and “transfers” (gifts and loans) of a firearm between unlicensed (non-FFL) individuals within city limits. Although the rationale was “public safety purposes to prevent and suppress the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors in order to ensure that background checks generally occur with respect to firearm ownership transfers as a prevention mechanism,” in reality the ordinance would affect all law-abiding gun-owners, with criminal penalties (fines and imprisonment) for those who failed to comply.

In enacting this ordinance, Missoula City Council disregarded thousands of emails sent by NRA members and Second Amendment supporters in opposition, and instead listened to former New York City Mayor Michael Bloomberg and his anti-gun groups, Moms Demand Action and Everytown. 

In reaching his conclusion that the ordinance exceeded the power and authority of the city, Attorney General Tim Fox noted that the state law on cities with charter forms of government, like Missoula, specifically denies such cities “any power that applies to or affects the right to keep and bear arms” apart from the power to regulate concealed carrying.  An entity “cannot try to regulate the ability to acquire firearms (sale or transfer) without exercising power that applies to or affect the right to keep and bear arms… Based on this conclusion, the Missoula ordinance cannot be enforced.” Further, by unambiguous preemption language, the Montana Legislature has restricted all forms of local government from passing their own gun control laws, with some very specific and limited exceptions.   

This opinion resolves important questions about the validity and enforceability of this ordinance, an ordinance that NRA and its supporters had been challenging since the start.  Thank you to Attorney General Tim Fox for defending the Second Amendment rights of law-abiding gun owners in Missoula.

 

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The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

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Second Amendment  

Friday, March 24, 2017

The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

Last week, we wrote about Americans for Responsible Solutions’ irresponsible misinformation about The Hearing Protection Act on Twitter.  Apparently, we weren’t the only ones who took notice of ARS’s complete disregard for the facts on ...

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Thursday, March 23, 2017

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Today, the Arkansas Senate passed Senate Bill 724, an anti-gun bill which undermines some of the key advancements made with the passage and enactment of House Bill 1249.  SB 724 is now headed to the ...

Oklahoma: Multiple Pro-Gun Bills Passed Out of the House

Friday, March 24, 2017

Oklahoma: Multiple Pro-Gun Bills Passed Out of the House

This week, the Oklahoma House of Representatives passed multiple pro-gun bills, including House Bill 1721, House Bill 2323, and House Bill 2322. 

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

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Second Amendment  

Friday, March 24, 2017

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

Judge Neil M. Gorsuch, President Trump’s pick to replace the late Justice Antonin Scalia on the U.S. Supreme court, asserted during his confirmation hearings this week that Scalia’s landmark Second Amendment opinion in District of ...

Maryland: House Passes Pro-Carry Legislation

Tuesday, March 21, 2017

Maryland: House Passes Pro-Carry Legislation

Yesterday, the Maryland House of Delegates passed House Bill 1036 by a 97-41 vote.

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

Tuesday, March 21, 2017

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

The Illinois House of Representatives could consider House Bill 2354 at any time.

Continuing to Fight in California

Friday, March 24, 2017

Continuing to Fight in California

We are excited to inform you of our new California specific webpage – Stand and Fight California.   On this page you will find State Legislation, Legal Updates, and How to Get Involved, among other California ...

Utah: Governor Signs Self-Defense Legislation into Law

Thursday, March 23, 2017

Utah: Governor Signs Self-Defense Legislation into Law

Tonight, Governor Gary Herbert signed House Bill 198 into law.

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

Thursday, March 23, 2017

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

On Monday, March 27, the Texas Senate will convene after 2:00pm and is expected to take up and consider Senate Bill 16, NRA-backed legislation sponsored by State Sen. Robert Nichols (R-Jacksonville) and Joan Huffman (R-Houston).

More Firearms, More Firearms Owners, Fewer Fatal Accidents

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Second Amendment  

Friday, March 24, 2017

More Firearms, More Firearms Owners, Fewer Fatal Accidents

The National Safety Council released the 2017 edition of its annual Injury Facts report this week, and it contains welcome news about firearm safety. 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.