9th Circuit Blasts Montana Buckaroo Rifle Plan

The famously left-leaning 9th U.S. Circuit Court of Appeals has affirmed the dismissal of a lawsuit against the federal government over its gun restrictions, ruling the plaintiffs failed to state a claim.

The expected decision now clears the way for a battle that could end up in the U.S. Supreme Court over state sovereignty, alleged regulatory overreach, the right to self-defense and even the compact under which Montana became a state.

“This was about as good of a ruling as we could have expected from the Ninth Circuit. We must get to the U.S. Supreme Court to accomplish our goal of overturning 70 years of flawed Supreme Court rulings on the Interstate Commerce Clause,” said Gary Marbut of the Montana Shooting Sports Association.

“We knew that the Ninth Circuit couldn’t help us with that. Only the Supreme Court can overturn Supreme Court precedent. However, now that the standing question is resolved in our favor, we have the green light to appeal to the Supreme Court.”

The appeals court said although Marbut holds standing to challenge the federal regulation of weapons made, sold and kept inside a state’s borders, the case didn’t state a claim, so it should be dismissed.

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