Supporters of Montana’s Firearms Freedom Act are turning up the heat on the federal government in their fight to push Congress back into the box set up by the “enumerated powers” the U.S. Constitution allocates to Washington.
The Montana Shooting Sports Association, the Second Amendment Foundation and MSSA President Gary Marbut of Missoula have filed a notice of appeal with the 9th U.S. Circuit Court of Appeals of their lawsuit that seeks affirmation of the state law.
The MFFA “is designed to test the power of Congress to regulate everything without limits under the narrow power given to Congress in the Constitution to ‘regulate commerce … among the states,’” according to a report today from the plaintiffs.
The dispute isn’t complicated: the state law “declares that any firearms, ammunition and firearm accessories made and retained in Montana are not subject to any federal authority under the Commerce Clause,” because those items are not in “interstate commerce.”
It’s been so popular that besides the original law in Montana, seven other states also have adopted their own versions of the same plan over the course of one legislation session for the states.



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