SAF sues Montana

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,484
    Westminster USA
    [FONT=&quot] [/FONT]​

    [FONT=&quot]SAF Sues Montana Over Law Barring CCW Permits ForLegal Resident Aliens

    [/FONT]
    [FONT=&quot]BELLEVUE, WA – The Second Amendment Foundation today filed a lawsuit in federal district court in Montana, challenging the state law that does not allow concealed carry licenses to be issued to legal resident aliens, because only citizens are issued such permits in the Big Sky Country.[/FONT]
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    [FONT=&quot]“This is not our first rodeo on this subject,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’ve successfully fought similar laws in New Mexico, North Carolina and Omaha, Nebraska. In other states, such as Washington, just the threat of legal action has resulted in a change of the law.”[/FONT]
    [FONT=&quot]
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    [FONT=&quot]The case is brought on behalf of Lenka Knutson, a 34-year-old mother of two who resides in Whitefish with her husband and children. She received a permanent resident visa in 2005, and has worked as a bank teller supervisor in Whitefish since 2007. She is a SAF member, as well.[/FONT]
    [FONT=&quot]“The Courts have repeatedly stated that lawful resident aliens have the same Second Amendment rights as everyone else, and still some states choose to discriminate against them on this point,” said attorney David Sigale of Glen Ellyn, Ill., who is handling this case for SAF. “It is our hope this unfair and illegal law will be swiftly struck down.”[/FONT]
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    [FONT=&quot]“SAF has opposed such laws wherever and whenever we find them,” Gottlieb stated. “Even non-citizens are afforded protections under our constitution, including the right to keep and bear arms. It is inconsistent with our tradition of liberty that people who come to our country legally and become productive members of the community shouldn’t have the same personal protection rights as anyone, because criminals do not play favorites, even in Montana.[/FONT]
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    [FONT=&quot]“Our lawsuit is firmly grounded in the recognition and incorporation of the Second Amendment that came with our Supreme Court victory in McDonald v. City of Chicago,” he noted. “We also believe the Fourteenth Amendment’s equal protection clause renders the state law to be unconstitutional.[/FONT]
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    [FONT=&quot]“This is one more example of SAF’s ongoing effort to win firearms freedom one lawsuit at a time,” he concluded. “Our track record has been solid on this, as we have won more Second Amendment lawsuits than anyone else.”[/FONT]
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    [/FONT]
    [FONT=&quot]The Second Amendment Foundation ( [/FONT][FONT=&quot][FONT=&quot]www.saf.org[/FONT][/FONT][FONT=&quot]) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
    [/FONT]

    [FONT=&quot]
    [/FONT]​
    [FONT=&quot]< Please e-mail, distribute, and circulate to friends and family >[/FONT]​
    Copyright © 2016 Second Amendment Foundation, All Rights Reserved.​
    [FONT=&quot]Second Amendment Foundation
    James Madison Building
    12500 N.E. Tenth Place
    Bellevue, WA 98005[/FONT]
    [FONT=&quot]Voice: 425-454-7012
    Toll Free: 800-426-4302
    FAX: 425-451-3959
    email: InformationRequest@saf.org[/FONT]​
    .

     

    traveller

    The one with two L
    Nov 26, 2010
    18,416
    variable
    South Dakota had a similar law. It was ironically the ACLU who took up the case of a brit in Sioux Falls who sued the sheriff. Iirc they won an injunction and before the case could go to trail, the state legislature said 'eff it, we are not going to win this one' and repealed the law.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Too bad they aren't suing Maryland for the HQL. A law that makes it much harder, or even impossible in some circumstances, for a citizen to even purchase a handgun.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,490
    White Marsh
    Too bad they aren't suing Maryland for the HQL. A law that makes it much harder, or even impossible in some circumstances, for a citizen to even purchase a handgun.

    "You got money for that ****ing lawsuit in Montana? You don't got my money for the HQL suit? Pay me my money!"

     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,199
    While I would love to have more national Orgs fight the HQL, we have to see from their view.

    Ones like this in MT are very low hanging, and the other side usually fold. HQL suit is complex, and will require multiple apeals. For what our case will cost, SAF can do dozens of low hanging cases. Obviously "we" think it is worthwhile, but would be a major policy choice to pass over lots of easy wins across the country for a drawn out, expensive case that could go either way .
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    Too bad they aren't suing Maryland for the HQL. A law that makes it much harder, or even impossible in some circumstances, for a citizen to even purchase a handgun.

    The two situations are not even remotely comparable. Alienage bans are simple, can be overturned based upon well established case law and challenges to them are rarely contested. Comm2A's first case in Massachusetts was an alienage challenge (which the Commonwealth fought hard) and David Sigale has brought several of these in the last few years.

    Montana will cave very quickly in an effort to limit how much they'll have to pay Mr. Sigale.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    The two situations are not even remotely comparable. Alienage bans are simple, can be overturned based upon well established case law and challenges to them are rarely contested. Comm2A's first case in Massachusetts was an alienage challenge (which the Commonwealth fought hard) and David Sigale has brought several of these in the last few years.

    Montana will cave very quickly in an effort to limit how much they'll have to pay Mr. Sigale.

    It's not about comparing the lawsuits, I don't see where you could imply that from what I said. It's about where they are allocating resources. Which is the more egregious infringement? Low-hanging fruit is nice and all, but the best fruit grows at the top of the tree.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,916
    WV
    The two situations are not even remotely comparable. Alienage bans are simple, can be overturned based upon well established case law and challenges to them are rarely contested. Comm2A's first case in Massachusetts was an alienage challenge (which the Commonwealth fought hard) and David Sigale has brought several of these in the last few years.

    Montana will cave very quickly in an effort to limit how much they'll have to pay Mr. Sigale.

    Yea they'll fold quickly IMO. It won't reach CA9.
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    It's not about comparing the lawsuits, I don't see where you could imply that from what I said. It's about where they are allocating resources. Which is the more egregious infringement? Low-hanging fruit is nice and all, but the best fruit grows at the top of the tree.

    The two aren't comparable on that basis either. A challenge to the MD law would require a protracted and expensive legal fight through at least the 4th circuit. The probability of a loss is very high, which would mean that SAF would be out of whatever legal fees they had invested.

    On the other hand, an alienage suit is quick, cheap, easy and a slam dunk. SAF's resource commitment to the Montana challenge probably doesn't exceed fronting pocket change to David Sigale, all of which they are very likely to recover.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    It's not about comparing the lawsuits, I don't see where you could imply that from what I said. It's about where they are allocating resources. Which is the more egregious infringement? Low-hanging fruit is nice and all, but the best fruit grows at the top of the tree.

    You know,.... those ~75,000 people in the Marianas Islands and all....:sad20:

    Gets old. The NRA is worse for sure as far as not helping the shit States.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    The two aren't comparable on that basis either. A challenge to the MD law would require a protracted and expensive legal fight through at least the 4th circuit. The probability of a loss is very high, which would mean that SAF would be out of whatever legal fees they had invested.

    On the other hand, an alienage suit is quick, cheap, easy and a slam dunk. SAF's resource commitment to the Montana challenge probably doesn't exceed fronting pocket change to David Sigale, all of which they are very likely to recover.

    You and I will just have to disagree on that point. Ideally, cost should not be an issue when dealing with a Right. I understand that the MD case will be a protracted fight. I personally think citizen's Rights take precedent, regardless of the ease of the case. Not every worthwhile cause is an easy one.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,490
    White Marsh
    I would like to have seen Montana.

    I like it.

    hunt02.jpg
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,363
    Hanover, PA
    Too bad they aren't suing Maryland for the HQL. A law that makes it much harder, or even impossible in some circumstances, for a citizen to even purchase a handgun.

    I tell them this every time they call to ask me for money. I still donate to them but I tell them it's less because we aren't getting their help here in MD.
     

    jrosenberger

    Active Member
    Jan 19, 2011
    332
    NH
    You and I will just have to disagree on that point. Ideally, cost should not be an issue when dealing with a Right. I understand that the MD case will be a protracted fight. I personally think citizen's Rights take precedent, regardless of the ease of the case. Not every worthwhile cause is an easy one.

    If you pony up the full cost, I'm sure SAF would be happy to organize the suits you want. KD's point is this case will literally be free, because Montana will pay the costs. Should they just not do it even though it's free?
     

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