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    Representing Cities

    City of Missoula v. Timothy C. Fox

    4.17.2018

      MISSOULA, Mont. – Everytown Law represents the City of Missoula in its lawsuit against the Attorney General of Montana as part of the city’s efforts to enforce a public safety ordinance requiring background checks on unlicensed gun sales. The lawsuit asks a Montana state court to overrule a determination by Attorney General Timothy C. Fox that the ordinance is preempted by state law.

      In October 2018, the court ruled in favor of the City, clearing the way for Missoula to enforce its firearms background check ordinance. However, the case was appealed and on October 22, 2019, the Montana Supreme Court reversed the District Court’s decision and found that Missoula’s ordinance requiring background checks on all gun sales was preempted by state law. Everytown Law is co-counsel with the Missoula firm of Boone Karlberg P.C. and the Missoula City Attorney.

      Case Documents

      April 11, 2018 – Complaint Download
      October 11, 2018 – Order Download
      October 22, 2018 – Decision Download

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      Did you know?

      30 percent of guns recovered by ATF in California have no serial number on them, making it impossible for law enforcement to trace.

      Stephens A. “Ghost Guns Are Everywhere in California”. The Trace. (2019). https://bit.ly/2DKkIlt