Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge dismisses states' gun rights lawsuit
Rapid City Journal ^ | September 30, 2010 | AP

Posted on 09/30/2010 3:32:26 PM PDT by stickandrudder

HELENA, Mont. -- A federal judge in Missoula 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.

(Excerpt) Read more at rapidcityjournal.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Montana
KEYWORDS: 10a; 10thamendment; 2a; banglist; federalism; secondamendment; statesrights; tenthamendment
Now the appeals begin
1 posted on 09/30/2010 3:32:27 PM PDT by stickandrudder
[ Post Reply | Private Reply | View Replies]

To: stickandrudder

So, he shot it down, eh?

..sorry...


2 posted on 09/30/2010 3:34:58 PM PDT by jessduntno (9/24/10, FBI raids home of appropriately named AAAN leader Hatem Abudayyeh, a friend of Obama.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder
Molloy, Donald W.
Born 1946 in Butte, MT

Federal Judicial Service:
Judge, U. S. District Court, District of Montana
Nominated by William J. Clinton on December 21, 1995, to a seat vacated by Paul Gerhart Hatfield; Confirmed by the Senate on July 18, 1996, and received commission on August 1, 1996. Served as chief judge, 2001-2008.

Education:
University of Montana, B.A., 1968
University of Montana School of Law, J.D., 1976

Professional Career:
U.S. Navy, Naval Aviation, 1968-1973
Law clerk, Hon. James Battin, U.S. District Court, District of Montana, 1976-1978
Private practice, Billings, Montana, 1978-1995


Race or Ethnicity: White

Gender: Male

3 posted on 09/30/2010 3:35:48 PM PDT by SmithL
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder

Yeah I guess he was primed for this but I wonder what lead him to his decision and made him pull the trigger. /s


4 posted on 09/30/2010 3:36:06 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder

IBTZ


5 posted on 09/30/2010 3:37:04 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder
A federal judge in Missoula is dismissing a lawsuit launched by gun rights advocates and states seeking freedom from federal gun laws.

The States should just ignore the Fed, let 'em send in Holder to have a chat with the local Sheriff's where they can tell him to go pound sand.

6 posted on 09/30/2010 3:44:43 PM PDT by Las Vegas Ron (Moderates manipulate, extremest use violence, but the goal is the same.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder; ForGod'sSake

A setback in Montana. Hope the appeal gets an honest judge.


7 posted on 09/30/2010 3:45:10 PM PDT by dynachrome ("Our forefathers didn't bury their guns. They buried those that tried to take them.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vendome

Why is this a zot?


8 posted on 09/30/2010 3:45:49 PM PDT by Las Vegas Ron (Moderates manipulate, extremest use violence, but the goal is the same.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Las Vegas Ron

neverdem posted the same article a couple of minutes before

http://www.freerepublic.com/focus/f-news/2599357/posts


9 posted on 09/30/2010 3:49:43 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Vendome

Gotcha,thanks!


10 posted on 09/30/2010 3:51:03 PM PDT by Las Vegas Ron (Moderates manipulate, extremest use violence, but the goal is the same.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Las Vegas Ron

no problemo. LOL

I actually don’t care about the double post.

I just wanted to be the 1st to call IBTZ.

Post on...


11 posted on 09/30/2010 3:54:20 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Vendome
I just wanted to be the 1st to call IBTZ.

Yes, that does have a certain amount of satisfaction, doesn't it?

;^)

12 posted on 09/30/2010 3:57:47 PM PDT by Las Vegas Ron (Moderates manipulate, extremest use violence, but the goal is the same.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: stickandrudder

If you think about it, it really isn’t a big deal. They don’t have the authority over us...unless we give it to them. I choose not to.


13 posted on 09/30/2010 6:07:06 PM PDT by Wpin ("I Have Sworn Upon the Altar of God eternal hostility against every form of tyranny...")
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder

This is the same sob who put the Canadian gray wolf back on the “endangered species list” in Montana and Idaho because Wyoming did not have a wolf control plan in place. Hafta treat these critters the same across the whole “region,” donchaknow. He has no idea how endangered the wolf is.


14 posted on 09/30/2010 6:24:43 PM PDT by RobinOfKingston
[ Post Reply | Private Reply | To 1 | View Replies]

To: jessduntno
..sorry...

You mean for HIM, right? Obviously a judgment by a federal court in favor of the federal government is a conflict of interest and moot.

15 posted on 09/30/2010 6:34:40 PM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Las Vegas Ron
The States should just ignore the Fed, let 'em send in Holder to have a chat with the local Sheriff's where they can tell him to go pound sand.

In his county, the Sheriff outranks Hold-me anyway, so it doesn't even really achieve the level of defiance. ATF's letters do, though.

16 posted on 09/30/2010 6:37:01 PM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: stickandrudder; bamahead; ForGod'sSake; Joe Brower

Gun and federalism pings!


17 posted on 09/30/2010 6:38:44 PM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stickandrudder; 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; ...
Thanks dynachrome and Still Thinking!

As near as I can tell this decision was not "unexpected" by the Montana folks given the district court(Dim judge appointed by bent willie). The all powerful interstate commerce clause misapplied -- again. An update for the 10th Amendment Division...

A Constitutionally challenged Dimocrat judge strikes again!





Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

If you want on or off the ping list just say the word.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

18 posted on 09/30/2010 8:03:34 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Wpin

>>They don’t have the authority over us...unless we give it to them. I choose not to.<<

First sentence is the foundation of the Constitution.

Second sentence is freedom.

Thank you for summing up in two sentences what this country stands for.


19 posted on 09/30/2010 8:16:40 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Wpin
They don’t have the authority over us...unless we give it to them. I choose not to.

Right on. See the tagline.

20 posted on 09/30/2010 8:23:52 PM PDT by Bloody Sam Roberts (A fearless person cannot be controlled.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: dynachrome

Think about it.

This is a suit.
The plaintiffs are several States.
The defendant is the United States.

The judge WORKS FOR THE DEFENDANT!!!!

Can we reasonably expect any other outcome?


21 posted on 09/30/2010 8:45:53 PM PDT by djf (It is ISLAM or "We, the People..." Take your pick. THERE IS NO MIDDLE GROUND!!!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: ForGod'sSake

Thanks FGS.

Judge Dismisses States’ Gun Suit
http://www.freerepublic.com/focus/news/2599357/posts


22 posted on 09/30/2010 8:56:22 PM PDT by SunkenCiv (Democratic Underground... matters are worse, as their latest fund drive has come up short...)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Vendome

This one was a squib. You’ll have to tap the bullet out
of the barrel before you can fire again.


23 posted on 09/30/2010 9:24:53 PM PDT by Myrddin
[ Post Reply | Private Reply | To 4 | View Replies]

To: Myrddin

Looks like it. And darn if I care for pushing squibs out. Makes me nervous.


24 posted on 09/30/2010 9:44:41 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: stickandrudder

If congress don’t have jurisdiction the Federal courts can’t be assumed to have any kind of jurisdiction.

They sure as hell don’t have the power to grant themselves or congress jurisdictions. Not only is it a conflict of interest its a usurpation of the Constitution.


25 posted on 09/30/2010 10:27:29 PM PDT by Monorprise
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vendome
The ones that make me nervous are a bullet jammed in the forcing cone AND still protruding into the cylinder of a revolver. You can't open the cylinder and you might have live rounds in the remaining charge holes.

I had one experience with .44mag ammo purchased at a gun show. One shot in my S&W 629 with 4 inch barrel and the other 5 rounds unseated the bullets from the brass. They were poking out the front edge of the cylinder. I pressed them back flush and unloaded the unexpended rounds. The whole remaining container was run through my Lee Precision Factory Roll Crimp die. The vendor used a taper crimp as he was firing them from a Desert Eagle. You can't do that with hot revolver rounds.

26 posted on 09/30/2010 11:19:26 PM PDT by Myrddin
[ Post Reply | Private Reply | To 24 | View Replies]

To: Myrddin

Wow. I have had em and they just plain make me nervous.

Still, the damn thing has to be cleared. So after my first squib, I made a squib tool that keeps my hand out of the line of fire and and another that holds the breach open to mitigate against misfire in the open.

If the round fires and goes through the barrel it will fling the tool out of my hand and hopefully at most I will suffer a nasty cut.

If it goes off in an open breach well... it’s going to what it’s going to do and then it’s “Oh well”.

LOL


27 posted on 09/30/2010 11:37:25 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: ForGod'sSake
thanks, for the ping & bttt.

28 posted on 10/02/2010 10:27:25 AM PDT by skinkinthegrass (Imam Zer0: DeathCARE, Is my only Plan...So just die (quicky), please & save $$$$ :^)
[ Post Reply | Private Reply | To 18 | View Replies]

To: stickandrudder
Now the appeals begin

Hope we have five or six allies on the US Supreme Court when the appeal gets there.

Voting for other than Republicans has long term consequences.

29 posted on 10/02/2010 4:58:18 PM PDT by Aroostook25
[ Post Reply | Private Reply | To 1 | View Replies]

To: Las Vegas Ron
The States should just ignore the Fed, let 'em send in Holder to have a chat with the local Sheriff's where they can tell him to go pound sand.

Isn't that the point of this law: ignoring federal overreaching. The fact that a federal judge approved of this overreaching should be meaningless to Montana. Just do what California did regarding medical marijuana: disregard federal law and any court (even Supreme Court) ruling that goes against you.

Having allowed California to nullify the Controlled Substances Act and Gonzalez v. Raich, the Liberal Messiah would be hard pressed to treat Montana differently in this case. Of course, I put nothing passed him.

30 posted on 10/03/2010 7:40:32 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson