In this Aug. 5, 2009, file photo Gary Marbut, right, works with Brad Stemple, left, on a shooting range in Missoula, Mont. • AP Photo/Matt Gouras
A federal court just struck down the Montana Firearms Freedom Act, which exempted local gun manufacturers from federal regulation and registration. This affects several other states that copied Montana's law.
The 9th U.S. Circuit Court of Appeals said that only the Feds can regulate the making of firearms and ammunition for sale. Because locally-made guns could get out of the state and substantially affect the intestate market for firearms.
Gary Marbut, who makes shooting range gear for law enforcement, had wanted to sell his .22 caliber rifle, the "Montana Buckaroo," to hundreds of waiting customers. He and the Second Amendment Foundation and the Montana Shooting Sports Association argued unsuccessfully that federal licensing didn't apply, because everything was done within state borders.
They also wanted to overturn court cases that give the federal government power to pre-empt state laws under the Constitution's commerce clause. They argued that the power strips the states of their sovereignty and independence.
The case will likely go to the U.S. Supreme Court.
Larry Bodine is Editor-in-Chief of Lawyers.com, a trusted source of accurate and reliable profiles of 1 million lawyers and firms worldwide, access a wealth of information regarding legal issues. Follow on Twitter at @Lawyerscom.