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Executive Summary – The lawsuit to validate the Montana gun law exempting guns made, sold and kept in Montanan from federal gun laws was dismissed by the local federal court. This opens the door to go to the appellate court. Seven other states have passed similar legislation and 20 more have clones of it in process.
This link will explain the law: www.FirearmsFreedomAct.com
A dismissal means the case is not worth even trying in court. This was a ploy the fed used to avoid the issues. The basic issue is the fed has the power to regulate interstate commerce between two or more states. Commerce contained entirely within one state is not under their control or jurisdiction. This is a fairly black and white concept yet the fed chooses to twist and turn this. If the fed lost on gun laws they will lose on other things and they do not want their power diminished over silly things like usurping the constitution.
If the appeals court sees the dismissal as error it can return the case to the court for a trail. It will not try the case. This will take some time. Obama will stack the Supreme Court with people who think like him and this can be bad since such people ignore the constitution other than take meaningless oaths to defend it. If they lose in court then they go back to appeals court and then the Supreme court. This can take some years.
My guess is the fed will be victorious. Whenever you try to effect changes in the courts that are constitutional you will lose, as a rule of thumb. They hate the constitution. Personally think it is a waste of time. Voting constitutional candidates into office is a far better option.
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*Offshore Legal Associates Law Firm.We have no legal ties or associations with any other law firm or corporation with similar or like sounding names anywhere and should not be so confused with any other entity having a similar or like sounding name.