Montana Supreme Court To Missoula: Your Anti-Gun Ordinance Went Too Far…So We Killed It

townhall.com ^ | 10/24/2019 | Matt Vespa

[rktman]

The Montana Supreme Court on Tuesday reversed a Missoula judge's decision upholding the city of Missoula's gun ordinance, which would have required background checks on all transfer of firearms, including gun show purchases.

The high court ruled 5-0 in favor of Montana Attorney General Tim Fox, who voided in 2017 the Missoula City Council's ordinance adopted the year earlier, arguing the council did not have the authority to infringe on gun ownership rights in the state and U.S. constitutions.

[…]

In its Tuesday ruling, the Supreme Court said the ordinance went too far beyond keeping guns away from convicted felons, minors and the mentally ill. While the state law controlling local government's ability to enact gun regulations allows cities the ability to restrict "possession" of firearms, it does not allow restrictions on purchase, sale, other transfer, ownership, transportation and use, the justices wrote.

"Nothing within the language of (state code annotated) permits cities to regulate these other functions in any manner, yet the ordinance does so," Justice Jim Rice wrote. "Although purporting to merely suppress the 'possession' of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors, the scheme of the ordinance goes much further."

[rktman]

There is still hope then? For other locales that have incorrectly knuckled under to the shannon t watts/margabby kelly-giffords/nannie bloomberg funded assaults on the 2nd amendment that is. Maybe? Or do some folks just continue to ignore the latest infringements.

[Kickass Conservative]

>>>While the state law controlling local government’s ability to enact gun regulations allows cities the ability to restrict “possession” of firearms<<<

Gee, how Unconstitutional of them.

One step forward, two steps back.

[null and void]

ping

[umgud]

I sure hope the Fed SCOTUS can learn something here about the definition of the word “infringe.”

[Sgt_Schultze]

Unless legislatures begin removing judges such as the one who originally permitted the encroachment, rights will continue to be eroded under a continuous, incremental, and deliberate assault. You simply cannot have judges continue to serve who are persuadable by arguments from anti-rights activists.

The same goes for federal judges.

[hadaclueonce]

This is what happens when Californians move.
They carry the liberal ideas like a virus.

[rktman]

LOL! In a sad way of course. A lot of them move from there because of the rules and regs then apparently miss all the rules and regs so work to get the new location like where they came from. Freakin’ crazy town.

[rellimpank]

-—don’t kid ourselves-—the next move for the anti’s is to repeal the state pre-emption laws—

—already announced by the anti-gunner in the Nevada legislature for the next session—

[rktman]

Yup. They will be working on it and then, if the succeed, we will have various laws across various jurisdictions. Freakin’ redunkulous.

[Sam Gamgee]

Is Missoula the leftist armpit of Montana? I seem to recall being in some Montana town once and there were liberal woke posters all over the place.

[rktman]

From what I unederstand, Missoula and Boise Idaho are liberal hot beds. The conservatives in those states need to be VERY watchful. Nevada is pretty much finished due to Clark county (vegas)and Washoe county (Reno). Sad dang state of affairs.

[fieldmarshaldj]

The college towns attract moonbats.

[Sam Gamgee]

The liberal bleed. Where liberals spread into suburban areas and flip them Democrat. Same thing happening in Canada.

[Sam Gamgee]

Yup. Boulder ruined Colorado.

[rktman]

Canaduh, Nevaduh, Iduhho and the list goes on....

[fieldmarshaldj]

Left-wingers ruin everything they touch.

[Sam Gamgee]

Yes like parasites or rats that move from house to house.

[fieldmarshaldj]

Or locusts.