Word: printz
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Dates: during 2000-2009
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...likely the Montana law will end up before the Supreme Court, Halbrook says, following the same track as the landmark Printz v. United States case, which he argued successfully before the court. That case was filed in Helena, Mont., challenging the constitutionality of requiring local enforcement officers to perform background checks required by the federal Brady Act, regulating handgun sales. The district court found the requirement unconstitutional but was overturned by the more liberal Ninth Circuit Court of Appeals in San Francisco. The lower court decision was affirmed by the Supreme Court in 1997, four years after the Brady...
...Montana law will go into effect on Oct. 1, and the ensuing legal battle will be long, perhaps three years or more, Halbrook says. Helmke expects the Brady Campaign to join the fight. The Printz decision was a 5-4 split with the majority opinion written by Justice Antonin Scalia, but this latest challenge could be heard by a court sitting in Obama's second term or his successor's, meaning it will likely be a court with a different lineup...