Montana Supreme Court Strikes Down Missoula Gun Ordinance
Source: Courthouse News
Montana Supreme Court Strikes Down Missoula Gun Ordinance
October 22, 2019 DAVID REESE
(CN) The Montana Supreme Court Tuesday struck down a citys attempt to perform background checks on people purchasing or transferring guns within its city limits.
The City of Missoula, Montana, enacted an ordinance in 2016 requiring people purchasing or receiving a firearm to pass a national background check.
Three months after the ordinance was enacted, Montana Attorney General Tim Fox issued an opinion that said cities with self-governmental powers, such as Missoula, are prohibited by Montana law from enforcing a regulation or ordinance requiring background checks on firearm sales or transfers.
The city then sought declaratory judgment from a state district court on Foxs directive. The lower court ruled that the gun ordinance was authorized under state law, which authorizes cities to prevent and suppress
the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
Read more: https://www.courthousenews.com/montana-supreme-court-strikes-down-missoulas-gun-ordinance/
Montana Attorney General Tim Fox
abqtommy
(14,118 posts)sakabatou
(42,170 posts)Delmette2.0
(4,168 posts)riversedge
(70,281 posts)Elmer1007
(40 posts)Firearms laws should be uniform within a state, so that at person would have reasonable notice of the law. A person living in one town might have no knowledge of the law in another town.
hack89
(39,171 posts)to avoid a hodge podge of laws that inadvertently entrap people.
mjvpi
(1,389 posts)My Favorite bumper sticker is:
I love Missoula. Only 30 minutes from Montana.
We have quite the contrast in our state government. Steve Bullock is a brilliant Democrat. Hes worked hard on calling out dark money in politics. An acknowledged common sense liberal in a red state. He should be running for the Senate here, but his Presidential aspirations will make him prime VP material
Tim Fox rode the Trump Train.