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Judge rules against Montana firearms act

Posted: Sep 2, 2010 7:27 AM by Mark Holyoak (KPAX)

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A U.S. Magistrate judge recommended the dismissal of a lawsuit by groups in support of Montana's "Firearms Freedom Act," which states that federal gun laws do not apply to guns made in Montana.

The judge agreed with a brief filed by several anti-gun groups, arguing the law is unconstitutional.

Paul Hemke, president of the Brady Center, said, "The gun lobby's so-called ‘Freedom' acts would threaten public safety by circumventing lifesaving federal laws. The magistrate's recommendation was correct that the lawsuit, and the Act itself, should be thrown out."

The pro-gun plaintiffs asked the court to declare they could make and sell firearms in Montana without complying with federal firearms law, but the judge disagreed.

A federal district court judge will now decide whether to accept the magistrate's recommendation to dismiss the case.

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