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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: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

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Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

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Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

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Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

Rhode Island: 2026 Legislative Session Convenes

Tuesday, January 6, 2026

Rhode Island: 2026 Legislative Session Convenes

On Tuesday, January 6th, the Rhode Island Legislature began the 2026 legislative session. As in 2025, the Legislature can expect to see both pro and anti-gun agendas this year. Gun owners and sportsmen throughout the state must stay actively involved to ...

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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.