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
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.

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

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 ...

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. 

Michigan: Firearm Safety Education Bill Signed Into Law

Friday, December 26, 2025

Michigan: Firearm Safety Education Bill Signed Into Law

On Tuesday, Michigan Governor Gretchen Whitmer signed House Bill 4285 into law, allowing middle and high schools to offer courses on hunter safety and responsible firearm ownership.        

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

News  

Monday, December 22, 2025

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

DOJ (Again) Goes to Court to Defend 2A

News  

Monday, December 22, 2025

DOJ (Again) Goes to Court to Defend 2A

We recently reported that the Department of Justice (DOJ) announced it had created a new section under its Civil Rights Division—the first ever dedicated to protecting the constitutional right to keep and bear arms.  

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.