Montana Supreme Court Rules Unanimously in Favor of Gun Rights

by
posted on November 10, 2019
welcome-to-montana.jpg

Photo credit: Royal Broil, Creative Commons.

The Montana Supreme Court voted unanimously Oct. 22 to reverse a district judge’s decision to uphold extreme gun-control measures in Missoula, Mont.

The Missoula City Council passed an ordinance in 2016 that criminalized virtually all private firearms transfers in the city by requiring a background check for the sale or transfer of every firearm, including purchases at gun shows. The law provided few exceptions, such as transfers involving immediate family members, antique firearms, members of law enforcement and temporary transfers “necessary to prevent imminent death or great bodily harm.”

Montana Attorney General Tim Fox issued a legal opinion in 2017 that deemed the ordinance to have infringed upon both the U.S. Constitution and Montana’s state constitution. The City of Missoula challenged Fox’s opinion and moved for summary judgment. Missoula District Court Judge Robert “Dusty” Deschamps overturned Fox’s opinion and upheld the ordinance in 2018.

Fox appealed the ruling and the Montana Supreme Court recently voted 5-0 in his favor, invalidating Missoula’s ordinance.

“This is a huge victory for Montana gun owners and everyone who cherishes freedom in Big Sky Country,” said Jason Ouimet, executive director, NRA-ILA. “The unanimous ruling from Montana’s Supreme Court confirms that politicians cannot usurp a constitutional framework by contemptuously enacting gun control at the local level.”

Montana is one of over 40 states with a firearm preemption law, which prohibits local government from enacting firearm regulations that are more restrictive than state law. Preemption laws protect law-abiding gun owners from having to deal with a myriad of local laws that make exercising Second-Amendment rights inconvenient and functionally impossible.

The decision into protect the constitutional rights of law-abiding citizens is a win for the Second Amendment in Montana. The Montana State Legislature voted to allow constitutional carry throughout the state as recently as 2015 and 2017 only to see Gov. Steve Bullock – a current Democratic presidential candidate polling at less than 1% in most major polls – veto both bills:

Latest

19926128205 46Ede87cea K
19926128205 46Ede87cea K

An Inside View of Mexico City’s Violence

So many lives in Mexico City have been touched by criminal violence, but none of them blame American gun companies.

The Armed Citizen® March 14, 2025

True stories of the right to keep and bear arms

NRA Files Amicus Brief Urging U.S. Supreme Court To Hear Challenge To California Gun-Show Restrictions

In January, the NRA filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a challenge to California laws.

NRA CEO Receives Sellmark Heritage Award

The Sellmark Heritage Award is presented annually to leaders who demonstrate unwavering dedication to protecting and advancing the values that define America’s outdoor heritage.

Friends Of NRA Gun Of The Year: Henry Lever Action Supreme 5.56/.223

A special edition of Henry’s groundbreaking Lever Action Supreme is the Friends of NRA Gun of the Year for 2025.

Trainers Are The Backbone Of The NRA

NRA coaches, instructors and training counselors play a truly critical role in educating law-abiding Americans on the safe and effective use of firearms.



Get the best of America's 1st Freedom delivered to your inbox.