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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.

 

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Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

Monday, April 13, 2026

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

On Saturday, April 11th, the Kansas Legislature adjourned sine die from the 2026 legislative session. 

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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.