But even that august body is unlikely to resolve the contentions, since the authors of the original claim, which challenges the feds' authority to regulate guns made, sold and kept within a state, say they need the U.S. Supreme Court to act.
“We've believed all along that the federal district court cannot grant the relief we request,” said Gary Marbut, chief of the Montana Shooting Sports Association, which along with partner the Second Amendment Foundation brought the original lawsuit against the federal government.
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“We seek to overturn a half-century of bad precedent. Only the U.S. Supreme Court can do that. In that light the pending dismissal by the district court means little except that we are now free to move to the next step of the process,” he said. Read more
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