Lawsuit Printer Go Brrr

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Ok, I stole that title from the Firearms Policy Coalition. I love their snarky emails and I’ve been gleefully awaiting the opportunity to use that line. In this case, it’s the Montana Shooting Sports Association (MSSA) that’s about to sue.

Remember HB 631? A person who prevails on a claim that their right to keep or bear arms was infringed by the state of MT (including a county, town or other local government level) will be awarded reasonable attorney fees and costs. That law goes into effect on October 1. As the post on HB 631 said, this blog predicted back in May that Missoula would be sued for their illegal restriction on firearms on the Mountain Line once this law goes into effect. They were warned back in February. All they had to do to avoid being sued is comply with the law. So far, they’ve refused.

MSSA is looking for plaintiffs to file suit against the City of Missoula for infringement of Montanans’ constitutional right to keep or bear arms. Here’s the email that came out from MSSA:

You may remember that I wrote a letter to the Missoula bus system, called the Mountain Line, in February, demanding that it drop its gun ban. I gave three reasons why this gun ban is unacceptable: 1) the Mountain Line, as a subsidiary of the City of Missoula, has no authority to regulate arms under Montana’s preemption law; 2) the RKBA in the Montana Constitution; and 3) the RKBA in the U.S. Constitution. See my letter to the Mountain Line at: https://progunleaders.org/MountainLine/


MSSA’s 2023 House Bill 631 will become effective October 1st. Once in effect, this new law will allow a party to collect court costs and attorney fees if prevailing in a lawsuit against a governmental entity to assert the RKBA.


MSSA plans to file a lawsuit against the Mountain Line and maybe the City of Missoula on October 2nd over the Mountain Line gun ban. We need valid plaintiffs to help secure our standing to bring that suit into court.


What is a valid plaintiff? Good question. Hopefully an MSSA member (costs $25 to join), although that is not essential. Somebody who lives in the Missoula urban area and within the coverage of the Mountain Line. Somebody who is willing to be a plaintiff, with MSSA, in this lawsuit (MSSA will cover costs).


Then, there are several other possible factors that will make this person a good plaintiff: Somebody who must use the Mountain Line and who is disarmed by the gun ban. Somebody who would like to use the Mountain Line but will not surrender his or her RKBA to do so. Somebody who would like the Mountain Line to be available to them, but cannot consider it because of the gun ban. Somebody who has tried to ride the Mountain Line with a firearm but has been barred from doing so. Somebody who doesn’t commonly ride the Mountain Line but relies on it as Plan B if personal transport is broken or unavailable. Somebody who would like to use the Mountain Line to take a firearm to a gunsmith for repair, or retrieve one. Somebody who would like to use the Mountain Line to get home after having purchased a firearm. Somebody who would like to use the Mountain Line to get to a shooting range. Or, something else relevant I haven’t thought of.


We would especially like to locate someone female who has been the subject of abuse or threat of abuse and who both wants to ride the Mountain Line and provide for her personal security.


So, if you live in Missoula, fit these criteria, and are willing to be a plaintiff in this planned lawsuit, please get back to me. Or, if you know anyone who fits these criteria, let me know. Shoot me an email or give me a call at 549-1252.


Thanks loads,

Gary Marbut, President

Montana Shooting Sports Association

http://www.mtssa.org

Author, *Gun Laws of Montana*

http://www.mtpublish.com

If you meet any of those requirements, you should reach out to Gary Marbut. You’ll be doing Montana a great service.

I have some sympathy for the beleaguered taxpayers of Missoula, but you voted for these petty tyrants who refuse to obey the law. They could avoid this by deleting a single line from their web page, but instead they’ve chosen a different route.

Bozeman and Billings, you’re next.

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