UT, WY, SD to join MT gun lawsuit

CHEYENNE, Wyo. -- The attorneys general for Utah and Wyoming said Wednesday that their states and South Dakota will join a federal lawsuit pending in Montana in which pro-gun groups are seeking to protect that state's sovereign right to regulate guns.

The attorneys general confirmed that they plan to file a "friend of the court" brief in the Montana case this week, and that South Dakota also plans to join them.

All the states involved have enacted "firearms freedom" laws that seek to exempt guns made and sold within their borders from federal regulation.

Montana was the first state to pass such a law. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives sparked the current legal fight when it wrote to all licensed gun dealers in the state last year telling them they were still bound by federal gun regulations.

The Montana Shooting Sports Association and others then sued the federal government.

The various states claim that as long as the guns aren't involved in interstate commerce, the federal government should have no say over them.

Gary Marbut, head of the MSSA and himself a plaintiff in the lawsuit, said Wednesday the group was pleased that the attorneys general of the other states saw the merit of the case and wanted to be involved.

Marbut said Montana's law was followed by similar laws enacted in Tennessee, Utah, Wyoming, South Dakota and Arizona. A similar bill is sitting on the governor's desk in Idaho. Marbut said similar laws have been introduced in 21 other states.

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Ariz. House approves concealed weapons bill

PHOENIX – The Arizona House voted Thursday to make the state the third in the nation to allow people to carry concealed weapons without a permit, sending the governor a bill that would allow Arizonans to forego background checks and classes that are now required.

The legislation, approved by the House 36-19 without discussion, would make it legal for most U.S. citizens 21 or older to carry a concealed weapon in Arizona without the permit now required. Currently, carrying a hidden firearm without a permit is a misdemeanor punishable by up to six months in jail and a fine of up to $2,500.

Sen. Russell Pearce, a Mesa Republican who sponsored the measure, said last week that he added changes requested by Gov. Jan Brewer's office, an indication that she is likely to sign it. The governor can sign or veto the measure, or allow it to become law without action.

If the legislation is enacted, Arizona would join Alaska and Vermont in not requiring permits to carry concealed weapons. Forty-five other states require permits for hidden guns, and two states — Illinois and Wisconsin — prohibit them altogether.

Supporters say gun restrictions only affect people who want to follow the rules because criminals will carry hidden guns regardless of the law. Nearly all adults can carry a weapon openly in Arizona, and they shouldn't face additional restrictions when they want to hide the weapon, supporters argue.

"What's dangerous is when they're in criminals' hands, not citizens' hands," said Rep. David Gowan, R-Sierra Vista, a bill sponsor.

Under the legislation, permits still could be obtained on an optional basis so Arizonans could carry concealed weapons in states with reciprocity agreements.

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