Missoulian:

A federal appeals court on Friday ruled against state laws designed to buck federal gun rules — but advocates welcomed the court’s decision for leaving open the possibility of an appeal to the U.S. Supreme Court.

The 9th U.S. Circuit Court of Appeals on Friday agreed with a lower court’s decision against the 2009 Montana Firearms Freedom Act, which also has been adopted in other pro-gun states. The laws attempt to declare that federal firearms regulations don’t apply to guns made and kept in that state.

The Justice Department successfully argued that the courts have already decided Congress can use its power to regulate interstate commerce to set standards on such items as guns. Some gun control advocates sided with the federal argument, saying that “firearm freedom acts” would allow felons to obtain guns without background checks and make it harder to trace guns used in crimes.

The Montana Shooting Sports Association said it had expected the appeals court would rule against the law.

The group’s president, Gary Marbut, argued in the case that he wanted to manufacture a small, bolt-action youth-model rifle called the “Montana Buckaroo” for sale in Montana. The federal Bureau of Alcohol, Tobacco and Firearms pre-emptively told Marbut such a gun would be illegal under Montana law.

“This was about as good of a ruling as we could have expected from the 9th Circuit. We must get to the U.S. Supreme Court to accomplish our goal of overturning 70 years of flawed Supreme Court rulings on the interstate commerce clause,” Marbut said in a release. “Only the Supreme Court can overturn Supreme Court precedent.”

The state of Montana has intervened in support of its law. The case also attracted the support of Utah, Alaska, Idaho, Michigan, Nebraska, South Carolina, South Dakota, West Virginia, and Wyoming.

Marbut said the federal government has become a “monster,” that abuses the interstate commerce clause to intrude on states.

Yes.  The federal government has become a monster.  Justice Clarence Thomas is said to be the modern day jurist of the tenth amendment.  But he may be alone, and turning to the monster to slay the monster is bad form and unwise.  It is more likely that they will simply bow to stare decisis and make matters even worse by giving the commerce clause more modern legs, or refuse to hear the case, letting the Ninth Circuit’s decision stand.

And this notion that the Ninth Circuit only did what they could do is ridiculous.  The Ninth Circuit has come down with many a decision that was overturned by the Supreme Court.  For once, when it actually had to do with liberty and freedom the Ninth Circuit had the chance to do something right – and failed again because they’re all losers.

As I’ve said, nullification laws have the legs under them that the states put there.  Montana could have incorporated the company (perhaps they already have) and then arrested federal employees who attempt to enforce federal laws (and thrown them in with the general prison population).

The monster will never admit that he is a monster.  He wants you to fear him and bow to his monstrous intentions and behavior.