Attorney General Eric Holder, defendant in the case.
Montana –– (Ammoland.com)- Today is a big day for the Montana Firearms Freedom Act.
In the litigation to validate the principles of the MFFA, the Montana Shooting Sports Association, the Second Amendment Foundation and I are all Plaintiffs. The U.S. Attorney General Eric Holder is the principal Defendant, thus the case caption of MSSA v. Holder.
The first hurdle in this lawsuit is the pending U.S. Motion to Dismiss. The feds argue that the lawsuit should be dismissed immediately – should not go to trial – because Plaintiffs lack “standing,” because the U.S. is sovereign and may not be sued (”jurisdiction”), and because of merit (they say we’ll lose so why waste time discussing the issue).
This Motion to Dismiss was expected, and is pretty standard, boilerplate legal maneuvering. Still, we must respond and respond well. If we lose on the Motion to Dismiss, we will have to appeal that dismissal to the Ninth Circuit Court of Appeals. We’d rather move on directly to trial in the lawsuit on the merits of the MFFA arguments than get sidetracked with an appeal over dismissal. Read more