Looks like MSSA and SAF are getting ready to go to court over the Montana Firearms Freedom Act:
â€œIf a gun is made in Montana and stays in Montana, it isnâ€™t engaging in interstate commerce,â€ said Alan Gottlieb, of the Second Amendment Foundation. â€œThe federal government really should butt out.â€
At issue is the Montana Firearms Freedom Act, which passed the 2009 Legislature and was signed into law by Gov. Brian Schweitzer. That law states that guns, ammunition and certain gun parts manufactured and used in Montana are not subject to federal gun laws.
No doubt they will try to distinguish their case from Raich, but I doubt the courts will bite.Â There was a successful case involving a home made machine gun, US v. Stewart, that had prevailed in the 9th circuit, which Montana resides in.Â The Supreme Court vacated the ruling and remanded it for reconsideration in light of Raich.Â That to me speaks strongly that the Supreme Court views Raich as applying to unregistered machine guns just as readily as state-approved medical marijuana.
As much as I wish this really had legs, it looks to me more like SAF and MSSA boosting their pro-gun bonafides, than a serious legal challenge.