Democratic Underground Latest Greatest Lobby Journals Search Options Help Login

In the courts.

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Topic Forums » Guns Donate to DU
russ1943 Donating Member (405 posts) Send PM | Profile | Ignore Mon Jan-25-10 01:18 PM
Original message
In the courts.
Feds fight back on Montana made guns lawsuit
By MATT GOURAS, Associated Press Writer
Thursday, January 21, 2010
(01-21) 14:12 PST Helena, Mont. (AP) --
Montana doesn't have the authority to exempt itself from national gun control laws, the federal government argued in new court filings, hoping to beat back a movement from states adopting the Firearms Freedom Act.
The Department of Justice, in a brief filed this week in U.S. District Court in Missoula, said that federal gun control is a "valid exercise of Congress' commerce power under the Constitution."..................
"The first import of this response is that the legal game is now on," said Gary Marbut of the Montana Shooting Sports Association.
Tennessee adopted a clone of the Montana act, which has been proposed in many other states.
The Justice Department argued in its brief that the state act is pre-empted by federal gun control. It also said the advocates don't have standing to bring the lawsuit.
The brief said the 1934 National Firearms Act was first put in place to regulate guns that could be "used readily and efficiently by criminals or gangsters."
Congress followed it in 1968 with a gun control act aimed at decreasing serious crime, and further strengthened its control over interstate commerce, the brief points out.
Those laws and others all mean to keep tabs on guns that easily pass between state borders, the Justice Department argued.
"To achieve this goal, Congress put in place a comprehensive scheme to regulate the movement of firearms in commerce," the government lawyers wrote in their brief.

Printer Friendly | Permalink |  | Top
OneTenthofOnePercent Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-25-10 01:37 PM
Response to Original message
1. Governments rarely, if ever, rescind power they have been delegated, taken, or bestowed themselves.
I'm a big fan of states-rights - hopefully the states win out this time.
Printer Friendly | Permalink |  | Top
SteveM Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-25-10 01:53 PM
Response to Original message
2. The "commerce clause" has a rather thin backbone...
on which to place various Federal regulatory schemes. While the Raich case in 2005 seems to give Congress the power to regulate (continue outlawing) marijuana because its sale and possession may affect interstate trafficking in the substance (even if it is illegal!), the 1995 Lopez case seems much more reasonable when the Supremes said the clause could not be used to pump up a sentence on a convicted drug trafficker because he was too close to a school.

Very thin indeed -- and these latest cases seem to center on the clause's use to prop up a disastrous War on Drugs, Inc.
Printer Friendly | Permalink |  | Top
GreenStormCloud Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-25-10 02:27 PM
Response to Original message
3. A win by the states - unlikely - could be a MAJOR legal tsunami in other areas.
Many federal laws could suddenly become vunerable.
Printer Friendly | Permalink |  | Top
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sat Sep 23rd 2017, 02:47 AM
Response to Original message
Advertisements [?]

Home » Discuss » Topic Forums » Guns Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC