Montana Attorney General Overturns Gun Control-Supported City Ordinance

By Beth Baumann

Last September, Missoula, Montana passed an ordinance requiring background checks for private gun sales. The legislation was initially sponsored by Missoula City Councilman Bryan von Lossberg, who believes the legislation is not only legal, but necessary.

“The point was to save lives,” von Lossberg told Montana Public Radio. “Background checks aren’t required in all transactions, but if we take the steps to require those as part of a responsible transaction we have an opportunity to save lives.”

According to the council, the city’s attorney was consulted and said the ordinance was within the city’s jurisdiction.

On Thursday, Montana’s Attorney General, Tim Fox, said Missoula was outside of their authority. According to Fox’s ruling, local governments are limited to regulating where gun owners can concealed carry, not how to purchase firearms.

“Plainly interpreted, the Montana Legislature has prohibited all forms of local government from exercising any regulatory power over the purchase, sale or transfer of firearms,” wrote Fox, who more than a year before the ordinance was passed warned it “likely violates our constitutional right to keep and bear arms.”

Missoula’s city attorney, Jim Nugent, sent an email to council members, making them aware …Read the Rest

Source:: Bearing Arms