Ninth Circuit Rules in Firearms Freedom Act Case

[Clod Stomper]

http://www.ammoland.com/2013/08/ninth-circuit-rules-in-firearms-freedom-act-case/#axzz2de3fVxi4

"Plaintiffs in MSSA v. Holder are the Montana Shooting Sports Association (MSSA), the Second Amendment Foundation, and Gary Marbut, President of MSSA. To set up the legal challenge, Marbut determined to manufacture a youth-model, .22 caliber, bolt-action rifle called the “Montana Buckaroo.”
The federal Bureau of Alcohol, Tobacco and Firearms informed Marbut that any such unlicensed manufacture would be illegal under federal law.
Despite Marbut’s BATF-prohibited plans to make the Montana Buckaroo, the federal District Court ruled that the plaintiffs lacked “standing” to bring the lawsuit, and dismissed the lawsuit. MSSA appealed this dismissal to the Ninth Circuit.
In its long-awaited ruling today, the Ninth Circuit reversed the federal District Court on the standing issue, saying that Marbut has standing to bring the challenge, but held that existing Supreme Court precedent was against plaintiffs on the merits of the lawsuit."

The good news may be that the Ninth Circus court seems to get reversed fairly regularly. But I don't trust the current Supreme Court.

Will

[Guest 6.8 AR]

It's a good message. though. Once they have standing, they can, at least go up another notch, can't they? The

wild card justices have, at least, been in favor of the 2nd Amendment, of late. Just because the Chief made what

most would see as a big mistake(I think so) in the ACA, the 2nd seems to be adhered to.

 

Trouble is, will it get the big push that Washington and Heller got?

[DaveTN]

The bad news is this is only one circuit. The SCOTUS doesn’t have to hear and may not for years.

[Clod Stomper]

Oops. I misread my own post. It's too early in the morning. The Ninth ruling was in our favor.

You're right about the current SCOTUS being pro-2A. At least with Heller and McDonald. I hope that continues with this case. It's a different issue though. This could involve <GASP> totally unregulated firearms. NFA- type weapons even. Don't know about Montana's law, but TN's covers suppressors.

I'm keeping my fingers crossed that the SC will hear it and rule correctly.