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Brady Center [and DOJ]joins fight over state gun rights
The State (SC) ^ | May 18, 2010 | Matt Gouras

Posted on 05/19/2010 7:50:10 AM PDT by Still Thinking

HELENA, Mont. -- The Brady Center to Prevent Gun Violence is joining the federal government's fight to stop states that want to exempt themselves from national gun control laws, arguing the effort threatens public safety.

The gun control advocates and the U.S. Department of Justice both filed new arguments Tuesday in the ongoing legal battle over federal gun control and states rights.

The issue was sparked with the "firearm freedoms act" first enacted in Montana last year and subsequently in several other states, and is leading to a constitutional showdown over the reach of Congress into state borders.

The states argue they should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made inside their borders. The state would then be exempt from rules on federal gun registration, background checks and dealer-licensing.

Attorneys general in Montana, Utah, Alabama, Idaho, South Carolina, South Dakota, Wyoming and West Virginia subsequently signed on to help the gun advocates who launched the lawsuit last fall.

The Brady Center said that the effort is misguided, and threatens public safety by making it easier for dangerous people to get guns and potentially allowing "the sale of virtually untraceable firearms."

The group was joined by other gun control advocates, including the Montana Human Rights Network, who all argued that states with loose gun laws could allow the sale of guns to criminals who could then take them across state lines.

The Justice Department argued that the courts have already decided Congress, with its power to regulate interstate commerce, can set standards on such items as guns. It pointed to a case where the court ruled federal ban on marijuana pre-empted state rules.

"That concern is no less important here, where an illegal market for firearms exists across state lines," the federal government's court brief said in asking for a quick dismissal. "In essence, Montana will create weapons that are readily accessible to those who seek to avoid a background check, with no record of transaction and no traceable markings."

It said the firearms freedom acts would stimulate the illicit interstate market in firearms.

The gun advocates previously argued in court filings that that authorities could freely prosecute those who cross borders with guns bought under the state rules. They pointed out it would be illegal to take a made-in-Montana gun outside of that state.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Alabama; US: Idaho; US: Montana; US: South Carolina; US: South Dakota; US: Tennessee; US: Utah; US: West Virginia; US: Wyoming
KEYWORDS: 10a; 10thamendment; 2a; 2ndamendment; banglist; bhodoj; bhofascism; brady; bradycampaign; bradycenter; bradywatch; democrats; doj; donttreadonme; elections; federalism; ffa; firearmsfreedomact; guncontrol; holder; holdertruthfile; liberalfascism; lping; mt; obama; secondamendment; shallnotbeinfringed; socialistdemocrats; statesrights; tenthamendment; tyranny
Bradys' filing

Holder's brief, for those with the stomach for such things

Being from Arizona, I'll take a stand on Holder's brief without reading it. Goose, gander, delicious sauce.

1 posted on 05/19/2010 7:50:10 AM PDT by Still Thinking
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To: Still Thinking

If I am correct, AZ also passed a firearms freedom bill.


2 posted on 05/19/2010 7:51:10 AM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
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To: Thunder90

Very kind of you to notice. :-)


3 posted on 05/19/2010 7:51:39 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Thunder90

Seven states total, actually. ID, MT, WY, SD, UT, AZ, and TN.


4 posted on 05/19/2010 7:52:30 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: bamahead; ForGod'sSake; Joe Brower; Shooter 2.5

Ping to the guns and freedom crowd!


5 posted on 05/19/2010 7:53:12 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking
be very wary of the McDonald ruling and incorporation...

soon 'common sense' infringements actually will be law of the land, whereas the overtly veiled fedlaw was previously king...

they are all infringements...period...

6 posted on 05/19/2010 8:13:26 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
Enemy action ping.

Click the Gadsden flag for pro-gun resources!

7 posted on 05/19/2010 8:13:34 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Still Thinking

The Brady Center said that the effort is misguided, and threatens public safety by making it easier for dangerous people to get guns and potentially allowing “the sale of virtually untraceable firearms.”

Don’t they play any other kind of tune?


8 posted on 05/19/2010 8:36:00 AM PDT by RWB Patriot ("Need has never produced anything. It has only been an excuse to steal from those with ablity.")
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To: Still Thinking; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; ...
Here comes the Brady Bunch...



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
9 posted on 05/19/2010 8:38:44 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Still Thinking
“The Brady Center said that the effort is misguided, and threatens public safety by making it easier for dangerous people to get guns and potentially allowing “the sale of virtually untraceable firearms.”

The Brady Center threatens public safety by making it more and more difficult for law-abiding citizens to secure the wherewithal to defend themselves against criminals.

10 posted on 05/19/2010 8:41:35 AM PDT by ZULU
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To: ZULU

Damn straight.


11 posted on 05/19/2010 8:44:01 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Thunder90

Of course it’s a well known fact that Mexican gang members, black gang members, drug dealers and thugs of every stripe have ALL booked passage to Montana in order to legally purchase thousands of weapons. If you don’t think so, just ask Eric Holder. He claims to have not read it somewhere.


12 posted on 05/19/2010 8:57:26 AM PDT by Oldpuppymax
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To: ZULU

Gun control laws increase the power of government and
the criminal element over the average citizen and serve
no other purpose.

- Robert E. Lee


13 posted on 05/19/2010 9:01:13 AM PDT by HuntsvilleTxVeteran ((B.?) Hussein (Obama?Soetoro?Dunham?) Change America Will Die From.)
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To: Still Thinking

Given the push of bad legislation that was the goal of Brady and other HATE groups... well, that led to this. Suck it up Sarah... You’re the reason this is happening. You couldn’t leave well enough alone and you are getting what goes around now.

Brady campaign is nothing more than a modern day hate group like the KKK. DOJ is promoting racist Jim Crow gun laws... Hope the minorities are happy with their votes. This is the tyranny they asked for.


14 posted on 05/19/2010 9:39:07 AM PDT by BCR #226 (07/02 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; A_Tradition_Continues; ...
Thanks Still Thinking! So, what's new here? Oh, the Brady Bunch finally showed up, eh? To what purpose I would ask? Apparently their message has been failing of late and they could use the face time they'll get by jumping in the rack with the doj.

As for the author of this barely coherent piece, I can only assume he must have lost his copy of our Constitution and more particularly, the Bill of Rights. As if! Just for grins I ran down another article by this dim witted propagandist in which he virtually cites chapter and verse the State law, in Montana of all places, that permits medical weed. An AP writer taking sides??? Hard to believe...

Cancel the Brady Bunch!





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

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

15 posted on 05/19/2010 10:15:35 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: Still Thinking

“The Brady Center said that the effort is misguided, and threatens public safety by making it easier for dangerous people to get guns and potentially allowing “the sale of virtually untraceable firearms.”

No. You threaten public safety...


16 posted on 05/19/2010 10:21:15 AM PDT by WKUHilltopper (Fix bayonets!)
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To: Still Thinking

If they wanted to stop gun violence, they’d try to help prevent Mexican gangs from coming across our border.


17 posted on 05/19/2010 11:55:54 AM PDT by wastedyears (The Founders revolted for less.)
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To: Still Thinking

Whether it’s border control, gun rights, or health care freedom, they are all sovereignty issues and we need to support every one by fighting federal government tyranny.


18 posted on 05/19/2010 3:32:34 PM PDT by o_zarkman44 (Elect Chuck Purgason, US Senate, Missouri! http://www.purgasonforsenate.com/)
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To: Still Thinking
The Brady Center said that the effort is misguided, and threatens public safety by making it easier for dangerous people to get guns and potentially allowing "the sale of virtually untraceable firearms."

Speaking of 'dangerous people', I think all members, employees, and/or donors of the 'Brady Center' should be made public and accessible to anyone who wants to know who these 'people' (moonbats) are.

That list should be posted on the Internet and updated every 48 hours.
And if not complied with, punishable by a $50,000 fine and/or 20 years in federal prison.

(I want to know whom NOT to protect when the excrement hits the ventilator)

19 posted on 05/20/2010 4:27:18 AM PDT by Condor51 (SAT CONG!)
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To: ZULU
The Brady Center threatens public safety by making it more and more difficult for law-abiding citizens to secure the wherewithal to defend themselves against criminals.

Right on. This outfit has to be a communist racist hate group if I ever saw one.

20 posted on 05/21/2010 5:45:45 AM PDT by chainsaw ( 'You know that your landing gear is up and locked when it takes full power to taxi to the terminal)
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