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McMaster Joins Effort to Protect States’ 10th Amendment RightsAmicus Brief Filed by 7 State Attorneys General

April 14, 2010

Columbia, S.C. April 14, 2010 – South Carolina Attorney General Henry McMaster has joined a brief filed with the U.S. Supreme Court that defends the right of the Montana Shooting Sports Association (“MSSA”), et al., to conduct business in that state free from interference from the federal government.

The Montana Firearms Freedom Act (“MFFA”) permits the manufacture of firearms, accessories, or ammunition within the State of Montana without being subject to federal laws or federal regulations, as long as these activities are carried out solely within the political boundaries of the State of Montana and the product remains there.

The amicus brief, filed on behalf of seven (7) state attorneys general, supports the action, which seeks a declaration that the MFFA is a valid exercise of Montana’s and Montanans’ rights under the Ninth and Tenth Amendments to the United States Constitution. The MSSA also seeks a permanent injunction barring the U. S. Department of Justice or any other U. S. agency from bringing civil or criminal enforcement actions against anyone who is in compliance with the MFFA.

Read the brief: 010/amicusbrief4.14.10.pdf

According to the brief, the States “have a vital interest in the recognition and preservation of the rights reserved to them and to their citizens under the United States Constitution, including those under the Tenth Amendment. They also have a substantial, ongoing interest in cases that call into question the constitutionality of their statutes that regulate activities within their own borders.”

A number of states, including South Carolina, have similar laws or bills pending in their legislatures. Read South Carolina S.794: s118_2009-2010/bills/794.htm

The states that have now joined the amicus brief are: Utah, Alabama, Idaho, South Carolina, South Dakota, West Virginia, and Wyoming.

Related: state/

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