MSSA
Brief in Support of Motion to Intervene
NEWS RELEASE
July 13, 2018
Gun Group Moves to Intervene in Missoula Lawsuit
"Bloomberg Ordinance" Has Serious Constitutional Problems
MISSOULA - On behalf of members who live in Missoula, the
Montana Shooting Sports Association (MSSA) moved today to intervene
in the City of Missoula's lawsuit against Attorney General Time Fox
over Missoula's ill-fated "Bloomberg Ordinance." Named after
its chief promoter, ex New York City mayor Michael Bloomberg,
Missoula's gun control ordinance was ruled as unenforceable by AG
Fox because it conflicts with preemptive state law.
Concerned that the AG's response to the lawsuit by Missoula does not
assert the rights that the people have reserved to themselves in the
Montana Constitution, MSSA's intervention will cover that otherwise
undefended legal turf. MSSA's brief in support of its Motion
to Intervene claims that the Bloomberg Ordinance violates both the
Montana Constitution and the U.S. Constitution, in addition to the
AG's determination that the ordinance is in conflict with state
law. If the court should disagree with Fox about the Bloomberg
Ordinance's conflict with state law, MSSA wishes to have the obvious
constitutional argument in the mix for application.
MSSA President Gary Marbut commented, "This Bloomberg Ordinance is
as loony as when the City Attorney assured the City Council years
ago that the City could ban shooting everywhere within five miles of
Missoula based on a century-old law that allowed cities to
quarantine for tuberculosis. That ordinance was so bonkers
that even Democrat Attorney General Mike Greeley ruled it to be in
legal fantasy land."
The law allows MSSA to intervene and be represented in a lawsuit
that affects its members, some of whom live inside the Missoula city
limits. In the Montana Constitution the people have declared
that the right to keep or bear arms "shall not be called in question
..." MSSA believes that the Bloomberg Ordinance clearly will
call in question the reserved and protected rights of MSSA
members. "This is in the part of the Constitution where the
people have declared, 'Here government may not tread', " Marbut
said, "no matter how much money and how many New York lawyers that
carpetbaggers like Bloomberg want to throw at Montana."
A New York City organization founded and funded by billionaire and
ex-NYC-mayor Michael Bloomberg, Everytown for Gun Safety, is
assisting the City of Missoula in pressing this lawsuit against the
Montana Attorney General. The lawsuit seeks to reverse the
AG's Opinion that the Bloomberg Ordinance is illegal and
unenforceable because of its conflict with superior state law.
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Information: Gary Marbut, 406-549-1252; gary AT marbut DOT com
=======================
NEWS RELEASE
It's Not About Safety, It's About Control
Gun Group Weighs in on Effort to Revive Failed Missoula Ordinance
(for immediate release - April 12, 2018)
MISSOULA - The Montana Shooting Sports Association was seriously
critical of an announced lawsuit by the City of Missoula in attempt
to overturn an Attorney General's Opinion, an Opinion that confirmed
that the City's failed gun control ordinance was illegal and
unenforceable.
"Not only is this ordinance a misguided attempt at public policy,"
said MSSA president Gary Marbut, "but it is being fraudulently sold
to the public as a 'gun safety' measure. Calling a gun control
measure 'gun safety' is verbicide, a level of Newspeak that would
impress George Orwell, especially when coming from people who have
never supported actual firearm safety."
Marbut disclosed that he had offered the Missoula City Council a
draft Resolution over a year ago that included several options to
promote genuine firearm safety. The Council declined to even
introduce or consider this package that would honestly promote gun
safety. "This clearly demonstrates," Marbut continued, "that
the Council has no real interest in the safety of its citizens, but
only seeks to push an anti-gun political agenda. Council
members would rather spend taxpayer money on a doomed political
agenda than engage in actual firearm safety effort that would be
legal and could save lives in the community."
Marbut offered the firearm safety Resolution to City Council Members
in January of 2017, and again last week, but the Council declined to
consider or introduce it.
News reports about the Missoula lawsuit say Missoula will be
represented by lawyers from the New York City-based Everytown for
Gun Safety. Marbut bridles at the allegation that these New
York lawyers have any interest in actual gun safety. "Their New York
concept of 'gun safety' is that only criminals and police have
guns," Marbut said. "Mayor Engen mentions getting further help
with the City's lawsuit from 'gun safety advocacy groups'. By
this the Mayor does not mean MSSA or the NRA, but organizations that
lobby for additional restrictions on law abiding gun owners and have
home offices in New York."
"MSSA has been promoting actual gun safety for a generation," Marbut
explained. MSSA has gotten approval of its 'Be Safe' program
for kids from the Superintendent of Public Instruction and the
Legislature, and has distributed probably over 100,000 copies of the
program materials to children all over Montana in the last 20 years,
all at no cost to taxpayers. "Just think what we could have
accomplished with Be Safe," Marbut said, "if someone had handed us
the $25,000 to promote it that Missoula has decided to squander on
its failed gun control plan. Where were these 'gun safety'
advocates when Montana's children needed them?"
Proposed draft Resolution
RESOLUTION
of the
Missoula City Council
WHEREAS, firearms ownership and possession is a common part of
Montana and Missoula culture; and
WHEREAS, Missoula residents who possess firearms should also be
equipped with the knowledge about how to be safe with firearms; and
WHEREAS, such knowledge includes how to safely secure firearms, how
to safely handle firearms to prevent misadventure, and how safely,
legally and ethically trade firearms privately with others.
THEREFORE, BE IT RESOLVED:
1. Montana state law at 20-7-132 encourages schools to provide
firearms safety education; and
2. The Be Safe program is a firearms safety curricula designed
for children in First through Third Grade, is approved by the
Montana Legislature, is approved by the Office of Public
Instruction, and is the most common vehicle for delivery of firearms
safety education to children in Montana; and
3. The Missoula City Council encourages all Missoula schools
to allow presentation of the Be Safe curricula to classrooms of
First through Third Grade students.
BE IT FURTHER RESOLVED:
1. The Montana Department of Fish, Wildlife and Parks oversees
firearms safety education, Hunter Education, primarily for young and
aspiring hunters; and
2. Hunter Education is delivered to interested persons in the
spring and in the fall in the Missoula area; and
3. The Missoula City Council encourages all interested persons
to avail themselves of Hunter Education training opportunity.
BE IT FURTHER RESOLVED:
1. Several local firearms safety instructors provide firearms
safety classes for adults who wish to be safe and competent with
firearms; and
2. Information about these instructors and classes may be
found Online and from local sporting goods stores; and
3. The Missoula City Council encourages all Missoula people to
take advantage of this available education to learn or upgrade
knowledge and skills concerning safe firearms storage, possession
and use.
BE IT FURTHER RESOLVED:
1. People who sell or buy firearms privately have a moral and
legal obligation to do so properly; and
2. A Guide to Private Firearm Sales has been published and is
available at:
https://progunleaders.org/PrivateSales/
3. The Missoula City Council urges anyone contemplating a
private sale or purchase of a firearm to review this Guide and make
the person's best effort to follow the advice offered in the Guide.
End