Judge Dismisses Lawsuit By States Seeking Freedom From Federal Gun Laws

[Purveyor]

Source: Associated Press

By Matt Gouras

HELENA, Mont. (AP) - A federal judge in Montana is dismissing a lawsuit launched by gun rights advocates and states seeking freedom from federal gun laws.

The decision from U.S. District Judge Donald Molloy was expected since his magistrate a month ago recommended tossing out the lawsuit.

The decision sides with the U.S. Department of Justice, which says Congress can set standards on such items as guns through its power to regulate interstate commerce.

Gun control advocates who also joined in the case welcomed the decision.

Read more: http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9IIEKBG0

[tomm2thumbs]

1. Seems like a no-brainer given the US Constitution /nt

[Pavulon]

2. Yep, I am pro RKBA

but this one was a stretch. There are a few useful federal gun laws. More stupid ones, but better to approach the directly than like this.

[xchrom]

3. Recommend

[fascisthunter]

4. good! (nt)

[slackmaster]

5. Another pro-RKBA DUer saying "Good" in response to this news

I support fully incorporating the Second Amendment, and applying one consistent set of rules across all the states by striking down all state gun laws that are stricter than federal law. Federal law sets a floor for abortion rights. It should do exactly the same for guns.

It makes no sense that a handgun that can be sold legally in Massachusetts can't be sold in California, or that someone in Washington State can't buy a machine gun when people in Oregon and Idaho can.

Sound suppressors should be not only available in all states, but required at shooting ranges near populated areas.

[ProgressiveEconomist]

7. Why should silencers "be ... available in all states"? What public policy goals are

served by widespread availability of silencers? Aren't silencers mainly used for professional murders for hire. to avoid apprehension by police?

[RantinRavin]

8. Far from it

They are used by firearm aficianados to protect their hearing while on the range.

[safeinOhio]

9. Ear protection devises are way cheaper.

[ProgressiveEconomist]

10. And work even if not everybody at the range is using a silencer.

[slackmaster]

12. I say "Get both".

When I shoot, I usually wear both squishy ear plugs and earmuffs. The effect of using multiple levels of protection is additive.

Sound suppressors protect the hearing of people who aren't wearing hearing protection. They also reduce noise that may disturb neighbors.

[safeinOhio]

13. Not only that

they are very handy for hit men and assassins. Great for "drive bys" too. Heart attacks aren't the only silent killers.

:wtf:

[slackmaster]

14. Please post all the anecdotes you can find of crimes committed with lawfully owned sound suppressors

I can't recall ever hearing of one.

(cue sound of crickets chirping)

I haven't suggested deregulating them, just applying the federal laws, rules, and procedures in all states.

[LanternWaste]

20. Lot of qualifiers in that one...

Lot of qualifiers in that one...

[slackmaster]

21. I see only one "qualifier", and it's perfectly relevant to the discussion

:hi:

[hack89]

22. The real world is not a hollywood movie

real world silencers are not really that silent.

[friendly_iconoclast]

24. Hit men and assasins prefer un-silenced .22s n/t

[slackmaster]

11. The main purpose of sound suppressors is to protect peoples' hearing

I am OK with them being regulated under the National Firearms Act, as they are now. I don't believe they should be sold without background checks (which they actually are in the UK and several European countries).

I am not OK with them being available in some states and not in others.

[NickB79]

18. Ask the governments of Britain, Finland, France, Germany, etc

Almost all European nations not only allow sound suppressors, but even require them in some circumstances, such as at target ranges and while hunting. In a nation like Britain, where even the power of an air rifle is regulated and the most common guns in the US are outright banned, you can walk into any shooting supply store and purchase one for under $50 the same day.

"What public policy goals are served by widespread availability of silencers?"

Well, off the top of my head I'd say widespread availability of sound suppressors would make it much easier to operate and use shooting ranges and hunting land, thereby eliminating the most problematic issue for most gun owners: finding a place to shoot their guns in a responsible manner. This in turn would greatly increase participation in hunting and funnel billions of dollars into state's environmental funds for use maintaining and restoring habitat for wildlife.

[mwooldri]

23. Or ask the guys from the UK who brought them into the US...

see this DU posting from some time back...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3648578

Silencers in the UK are not seen as firearms in themselves. However in the USA a silencer is considered a firearm. The Brits brought in the silencers not knowing this, and since they did not declare them to the US authorities, they got jailed for it.

[ProgressiveEconomist]

27. Even more saturation of the US with firearms is a public policy goal?

[defendandprotect]

6. Only the Gang of 5 on the Supreme Court don't get it -- or don't want to get it --

We're the only nation with this "Wild West America" insanity --

we need to join other nations and pass strict gun control laws!

[fascisthunter]

16. it's all about $$$$... nothing to do with rights

the twisting of the second ammendment has fueled the industry. They hide behind the constitution like all other phonies who hide behind our flag and their religions.

[slackmaster]

17. The decision we're talking about preserves the federal government's ability to collect excise taxes

...on firearms, which is 11% of the expected retail price of every one that is manufactured for the civilian market. So fascisthunter is correct, but not for the reason he thinks.

[defendandprotect]

26. A g r e e -- !!

[friendly_iconoclast]

25. And we'll be as peaceful as Mexico and Russia!

Wait....

[TexasObserver]

15. recommend

[slackmaster]

19. They're good for agricultural use

Farmers can shoot varmints without disturbing their livestock, wildlife, pets, or their neighbors.