United States Ninth Circuit

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Montana Shooting Sports Association v. Holder, 10-36094

Dismissal of plaintiff's action challenging federal firearms regulations is affirmed, where: 1) plaintiff Marbut, who wants to manufacture firearms under the Montana Firearms Freedom Act (MFFA), has standing on the basis of economic injury; but 2) the complaint fails to state a claim; 3) Congress would rationally conclude that unlicensed firearms made in Montana would make their way into the interstate market; and 4) the MFFA is necessarily preempted and invalid.

Appellate Information

  • Decided 08/23/2013
  • Published 08/23/2013

Judges

  • CLIFTON

Court

  • United States Ninth Circuit

Counsel