Many of you know that Gary Marbut, President of the Montana Shooting Sports Association, is heavily involved in the creation and legal battles, past and future, of the Montana Firearms Freedom Act. In brief, the MFFA, passed by the Montana Legislature and signed by the governor, states that guns and accessories manufactured in Montana, are sold in Montana and remain in Montana, cannot be regulated by the Federal Government. There are currently 8 states that have passed similar bills and have been signed into law, with several more proposed.
Marbut, et. al. are seeking declaratory judgment from the courts on their bill. Preliminary maneuverings have taken place in MSSA v. Holder, but the main hearing is sometime in the future.
The Commerce Clause, “regulate commerce … among the several states”, is very powerful and has been a potent weapon of choice by the Federal Government to exert its power over many aspects of the several states. The Commerce Clause will play an important role in MSSA v. Holder.
While waiting for the court case of MSSA v. Holder, Marbut has written and made available an article called, “Jury-rigging Federal Commerce Power – How legalistic baling wire, duct tape and flour paste has been used to cobble together a Rube Goldberg apparatus of legal precedent.”
This article explains what has happened with the Commerce Clause. If you’re interested, it is posted here.
Tom Remington
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