The Second Amendment Foundation (SAF) joined with the Montana Shooting Sports Association (MSSA) on Oct. 1 in filing a federal lawsuit in Missoula to validate the principles and terms of the recently enacted Montana Firearms Freedom Act (MFFA), which took effect the same day.

Lead attorney for the plaintiffs’ litigation team is Quentin Rhoades of the Missoula firm of Sullivan, Tabaracci & Rhoades, PC. The MFFA litigation team also includes other attorneys located in Montana, New York, Florida, Arizona and Washington.

“We’re happy to join this lawsuit,” said SAF founder Alan Gottlieb, “because we believe this issue should be decided by the courts.”

“We feel very strongly that the federal government has gone way too far in attempting to regulate a lot of activity that occurs only in-state,” added MSSA President Gary Marbut. “The Montana legislature and governor agreed with us by enacting the MFFA. We welcome the support of many other states that are stepping up to the plate with their own firearms freedom acts.”

The MFFA declares that any firearms made and retained in Montana are not subject to any federal authority under the power given to Congress in the US Constitution to regulate “commerce … among the several states.” It relies on the Tenth Amendment and other principles to exempt Montana-made and retained firearms, accessories and ammunition from federal regulation.

The Montana Shooting Sports Associated is advising Montana citizens not to manufacture an MFFA-covered item until MSSA is upheld in court. The newly filed SAF/MSSA suit could take several months to work its way through the court system and could eventually be tested in the Supreme Court by the winning or losing parties.

The Bureau of Alcohol, Tobacco and Firearms (ATF) wrote to all federal firearms licensees in Montana and Tennessee telling them that federal laws on firearms supersede the respective states’ firearms freedom act legislation. ATF informed dealers that they most comply with federal gun laws even if the guns are manufactured, sold and continue to remain within in a state.

However, MSSA has responded by saying the law was never intended to impact federally licensed manufacturers and retailers.

Earlier this year, Tennessee passed similar legislation and lawmakers in 20 other states have indicated that they will introduce or have introduced MSSA clone legislation, Marbut said. Information about the Firearms Freedom Act movement is being accumulated and made publicly available at firearmsfreedomact.com.

The MFFA has been seen by many political commentators as the leading edge of a growing states’ rights movement where state officials are trying to reassert their Tenth Amendment rights.

MSSA is the primary political advocate for Montana gunowners. It can be found at: mtssa.org.