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Alert: MDA pushing Missoula to enact universal background checks

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,281
Location
Montana
In violation of MCA, Mom's Demand Action (MDA) is pushing Missoula city counsel to enact a universal background checks measure. They have councilman Bryan Von Lossberg who is bringing forward the measure to the council for adoption. It looks like Montana Shooting Sports Association (MSSA) is already aware of the proposal. I would urge those of you reading this to contact the city council and advise them against enacting the measure and inform them that it would be in violation of state preemption statue MCA 45-8-351.

Mail to: council@ci.missoula.mt.us
City Council switch board: (406) 552-6079
Contact Page: http://www.ci.missoula.mt.us/Directory.aspx?DID=13

MCA 45-8-351 said:
MCA 45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
Quote from the article:
If the city council's proposal is approved, Missoula residents would need to pass a background check at a licensed firearm dealer before any unlicensed firearm transfer can happen legally.

"There is a loophole that they can be sold without a background check, so this would decrease that number to zero,” says Heidi Kendall, a volunteer with Mom’s Demand Action. “There would not be any guns that would be sold at gun shows without a background check."
Read full article: http://www.abcfoxmontana.com/story/30055402/proposed-background-checks-face-mixed-reaction
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,281
Location
Montana
It does not surprise me that the MDA followers in MT don't think this would violate the state's preemption statue. Everyone claims to have the law on their side. :banghead:

MDA Montana: https://www.facebook.com/MomsDemandActionMT

Nancy Hobbins de Pastino said:
Great job, Heidi! And BTW, Gary Marbut is absolutely wrong about the state law. No surprise there.
 
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slapmonkay

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Location
Montana
From the looks of it a public hearing will be scheduled for 10/4 or 10/5, I am hoping I will be able to attend but if your available your attendance would be nice.

I am working on getting the text of the proposed measure.

Here is the agenda item details from the last meeting:
http://missoula.siretechnologies.co...wbs2ua2dcorltvz0n/19698109182015125040263.PDF

Here is the history of the item: http://missoula.siretechnologies.com/sirepub/item.aspx?itemid=28206

Excerpt:
Background and Alternatives Explored: There is a broad, national consensus that
felons, minors, and people adjudicated as mentally ill by a court should not possess
firearms, and in fact federal law has long prohibited such people from doing so.
Although federal (and state) laws require background checks on persons buying guns
from licensed firearms dealers, there is no federal or state law requiring background
checks for sales and transfers from persons who are not licensed firearms dealers. This
loophole means that criminals, minors, and people adjudicated as mentally ill are able to
purchase and receive firearms despite the legal prohibition.
This draft ordinance aims to close that loophole within the City of Missoula, such that
sale or transfer of a firearm shall take within the city limits unless and until the person
purchasing or otherwise receiving the firearm passes a national instant criminal
background check, even if the sale or transfer is from a private citizen or any other entity
that is not a licensed dealer.
Similar laws have been adopted in other states.
Background checks shall not be required for transfers between immediate family
members, for transfers of curio and relic firearms between collectors or for transfers of
antique firearms, for temporary transfers while hunting or target-shooting or for
.
competitions, or for temporary transfers for emergency self-defense or while in the
presence of the transferee.
Parties to a transfer made by any person who is not a licensed firearm dealer will meet
at a licensed dealer, where the buyer or transferee will pass a background check before
the sale or transfer may be completed.
 
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slapmonkay

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Location
Montana
I was able to get the City Clerk to upload the draft ordinance to the City of Missoula SIRE website.

You can view the proposed draft ordinance here: http://missoula.siretechnologies.co...wbs2ua2dcorltvz0n/19769609212015091945771.PDF

As I suspected, they are going to attempt to use the language 'and the possession of firearms by convicted felons' exception within 45-8-351(2)(b) as their authority to enact the ordinance. I don't think it will stand in court but I suspect its something that will have to be determined. Please contact the city council and provide your feedback as soon as possible.

MCA 45-8-351 said:
45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.
Clip from Draft Ordinance said:
Whereas, an average of 88 Americans are killed every day by gun violence; and

Whereas, according to the U.S. Centers for Disease Control, Montana has the 6th-highest gun
death rate in the country; and

Whereas, in Montana nearly three times as many women are shot to death by intimate
partners, and nearly three times as many gun suicides take place, as the national average; and

Whereas, federally licensed firearms dealers are required to run a background check on buyers
and transferees, but no federal or state law requires a background check on sales and transfers
made by other persons; and

Whereas, local governments with self-governing powers are authorized under state law to
prevent the possession of firearms by convicted felons, adjudicated mental incompetents, illegal
aliens, and minors; and


Whereas, in states that require background checks on all handgun sales, 46 percent fewer
women are shot to death by intimate partners, 48 percent fewer law enforcement officers are
killed with handguns, and 48 percent fewer people kill themselves with guns.
http://missoula.siretechnologies.co...wbs2ua2dcorltvz0n/19769609212015091945771.PDF
 
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slapmonkay

Campaign Veteran
Joined
May 6, 2011
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1,281
Location
Montana
Whatever came of this?
The original reading to council members left open too many questions so they referred it back to committee.

It is still held over in committee as of now, no update since end of October.

Sent from my Nexus 5X using Tapatalk
 
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BB62

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Aug 17, 2006
Messages
4,022
Location
Cincinnati, Ohio, USA
Gun Control Rally Crashed by Protesters Carrying AR-15s

"On December 13, protesters with AR-15s slung over their shoulders crashed a Moms Demand Action for Gun Sense in America rally in Missoula, Montana.

Missoula Mayor and gun control proponent John Engen (D) spoke at the rally and acknowledged that gun owners had the right to carry their firearms openly in his city and state, and he tried to keep Moms Demand members focused on pressuring city council members to bring gun control back up for a vote in Missoula.

Breitbart News previously reported that Engen, Moms Demand, and City Councilman Bryan von Lossberg almost pushed through a universal background check measure on the people of Missoula, but it was stopped in its tracks and “sent back to committee” once the people saw what was happening. Universal background checks are the same kind of checks they have in California and Colorado, where our nation’s last three most recent high-profile shootings have occurred. Those include the two Colorado Springs shootings—Halloween day and November 27—and the December 2 San Bernardino terror attack. ..."

http://www.breitbart.com/big-govern...rol-rally-crashed-protesters-carrying-ar-15s/


 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,165
Location
Philipsburg, Montana
I live in Washington State. Moms against everything came here with bloombergs money and saturated the airwaves with misdirection, misinformation, and outright lies. Most people did not vote, a crime in itself, IMHO. It was passed by a rabid group from king county/seattle.

Do not let this happen to you. They are coming after each State quietly and they are succeeding. Fight them, be vocal, let people see them for what they are.
 
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