Montana’s Supreme Court Strikes Down Universal Background Check Law

By Cam Edwards

The Montana State Supreme Court rejected a “universal background check law” put on the books in Missoula, saying the local ordinance conflicts with the state’s firearms preemption law that leaves gun legislation in the hands of state lawmakers, not local officials.

The high court ruled 5-0 in favor of Montana Attorney General Tim Fox, who voided in 2017 the Missoula City Council’s ordinance adopted the year earlier, arguing the council did not have the authority to infringe on gun ownership rights in the state and U.S. constitutions.

Missoula City Council President Bryan Von Lossberg told the Missoulian on Tuesday he was “deeply saddened” by the ruling.

He can be sad, but he shouldn’t be surprised. The state Supreme Court made it clear that the the ordinance went to0 far, as did Montana’s Attorney General.

In a statement provided by his office, Attorney General Fox said he had informed Missoula it lacked authority to impose the regulations in the ordinance.

“When Missoula tried to do so anyway, I asked that an Attorney General Opinion request be submitted to my office, confident that our legal position would be vindicated in the end,” Fox said. “Today the Supreme Court upheld my office’s conclusion in a …Read the Rest

Source:: Bearing Arms