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That "gem" of a Judge Molloy does it again.

The Gray Wolf (Canis Lupus) is the most widely distributed large carnivore in the northern hemisphere.

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That "gem" of a Judge Molloy does it again.

Postby barebackjack » Mon Oct 04, 2010 5:13 pm

From our favorite District Judge, the same guy that took away the chance for the federal and state gov'ts to manage based on science rather than "feelings" and restored the MT and UT wolves back to the Endangered Species Act fully and completely comes this next great decision.

I guess theres a reason most "real" Montanans cant stand this guy.

Federal judge dismisses states' gun suit
StoryDiscussionFederal judge dismisses states' gun suit
By MATT GOURAS - Associated Press writer trib.com | Posted: Friday, October 1, 2010 2:00 am

HELENA, Mont. -- A federal judge in Missoula, Mont., has dismissed a lawsuit by gun rights advocates and states seeking freedom from federal gun laws, a move that the advocates promised to appeal.

The decision Wednesday from U.S. District Judge Donald Molloy was expected since his magistrate a month ago recommended tossing out the lawsuit because Congress has the authority to regulate firearms with its constitutional power to regulate interstate commerce.

Molloy sided with the U.S. Department of Justice, which argued Congress' ability to regulate guns and other items through the "commerce clause" of the U.S. Constitution had long ago been decided in courts.

The lawsuit involving Wyoming, Montana, Utah, Alabama, Idaho, South Carolina, South Dakota and West Virginia argued that states should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made inside their borders.

The 10th Amendment of the Constitution assures that the federal government only has those powers that are specifically given to it by the Constitution, the states said.

Gun control advocates who joined in the case welcomed the decision.

"We are pleased that the court rejected this dangerous, misguided and unconstitutional law," Paul Helmke, president of the Brady Center to Prevent Gun Violence, said in a media release. "It is already far too easy for dangerous people to get deadly weapons. There is no reason for Montana or other states to allow gun sales without the Brady background checks that help keep guns away from criminals."

The issue was launched last year with "firearm freedoms act" laws backed by the Montana Shooting Sports Association first in Montana. That gun group led the court battle.

"We've believed all along that the federal District Court cannot grant the relief we request. We seek to overturn a half-century of bad precedent," Gary Marbut, MSSA president, said in a media release. "Only the U.S. Supreme Court can do that. In that light, the pending dismissal by the District Court means little except that we are now free to move to the next step of the process."


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Re: That "gem" of a Judge Molloy does it again.

Postby Prairie Ghost » Tue Oct 05, 2010 2:24 pm

My brother is a real good friend with Gary i will try and call and see what all is going on! That guy sure likes to legislate from the bench. :evil:
Money is a great servant but a terrible master!!


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