Prediction on Montana Lawsuit

Joe notes that the Montana Shooting Sports Association is preparing a lawsuit to enforce the Montana Firearms Freedom Act.   My prediction will be the suit loses in the 9th circuit, because of Raich, and goes no further.  The letter will probably get them around standing, but I don’t see how they get around Raich.  Even under the much more strict Lopez Test, it would have a tough time.  I like these various Freedom Acts, just a symbolic middle finger to Washington.  But when the rubber meets the road, they are symbolic, unless Montana is serious about enforcing it, which I doubt they are.

2 thoughts on “Prediction on Montana Lawsuit”

  1. At this time no state governor will call up the state militia to confront the federal gov’t. If enough did at one time it would either be a case of who blinked first or civil war. I just don’t think nearly enough Americans are willing to go down that road. I really don’t want to see a civil war.

  2. I spoke with the GeorgiaCarry attorneys about this. They agreed with the assessment that the case is a loser in light of Raich. They also commented that there is a gun case that referenced Raich.

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