Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Montana: Attorney General’s Opinion States Missoula Background Check Ordinance is Illegal

Friday, January 27, 2017

Montana: Attorney General’s Opinion States Missoula Background Check Ordinance is Illegal

Yesterday, January 26, Montana Attorney General Tim Fox issued a legal opinion stating that the City of Missoula’s background check ordinance is invalid and unenforceable.

Missoula enacted the ordinance in 2016. The ordinance requires NICS background checks for almost all sales and “transfers” (gifts and loans) of a firearm between unlicensed (non-FFL) individuals within city limits. Although the rationale was “public safety purposes to prevent and suppress the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors in order to ensure that background checks generally occur with respect to firearm ownership transfers as a prevention mechanism,” in reality the ordinance would affect all law-abiding gun-owners, with criminal penalties (fines and imprisonment) for those who failed to comply.

In enacting this ordinance, Missoula City Council disregarded thousands of emails sent by NRA members and Second Amendment supporters in opposition, and instead listened to former New York City Mayor Michael Bloomberg and his anti-gun groups, Moms Demand Action and Everytown. 

In reaching his conclusion that the ordinance exceeded the power and authority of the city, Attorney General Tim Fox noted that the state law on cities with charter forms of government, like Missoula, specifically denies such cities “any power that applies to or affects the right to keep and bear arms” apart from the power to regulate concealed carrying.  An entity “cannot try to regulate the ability to acquire firearms (sale or transfer) without exercising power that applies to or affect the right to keep and bear arms… Based on this conclusion, the Missoula ordinance cannot be enforced.” Further, by unambiguous preemption language, the Montana Legislature has restricted all forms of local government from passing their own gun control laws, with some very specific and limited exceptions.   

This opinion resolves important questions about the validity and enforceability of this ordinance, an ordinance that NRA and its supporters had been challenging since the start.  Thank you to Attorney General Tim Fox for defending the Second Amendment rights of law-abiding gun owners in Missoula.

 

TRENDING NOW
ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

News  

Monday, November 3, 2025

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

After the nasty tricks of the Biden-Harris administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to hand out treats under President Trump.

Everytown Gun “Safety” Course: We Told Ya So

News  

Monday, November 3, 2025

Everytown Gun “Safety” Course: We Told Ya So

A few weeks ago, we mentioned that the anti-gun extremists at Everytown were ready to launch their own gun “safety” course. 

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

News  

Monday, November 3, 2025

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

Last week, the Wall Street Journal (WSJ) published an article entitled, “Six Words Every Killer Should Know: ‘I Feared for My Life, Officer.” Using a mis-mash of half-baked statistics, legal misinformation, and cherry-picked anecdotes, it ...

Trump DOJ Continues to Support the Second Amendment in the Courts

News  

Monday, November 3, 2025

Trump DOJ Continues to Support the Second Amendment in the Courts

Earlier this year, the U.S. Attorney for the District of Columbia, Jeanine Pirro, announced a critical change to policies affecting gun rights in Washington D.C.

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.