A Missoula attorney representing the Montana Shooting Sports Association, Quentin Rhoades, has sent a letter to the Missoula City Council stating that the proposed gun sales ordinance violates existing Montana law. 

Rhoades said the ordinance would impose federal background checks on private sales of guns in the city of Missoula, and on sales at gun shows in particular," Rhoades said. "Consequently, the gun shows that come to town and generate revenue, while allowing people to exercise their Second Amendment rights, would, as a practical matter, no longer be available in Missoula."

Rhoades expressed his and his client's opinion of the ordinance by stating "We think that's sort of a dumb idea, but more importantly, it's also illegal, because there's a Montana statute that says a county, or in this case a city, may not regulate the purchase, sale, or transfer, or even delay of transfer of any weapon, including rifles, shotguns, handguns, or concealed handgun."

Owner of Axmen Firearms, Rich Oschner, said there are already laws in place for gun shows.

"You're supposed to be an in-state resident to transfer firearms from person to person, whether it be a long gun or a handgun, and people are already abiding by these laws," Oschner said.

The ordinance specifically excludes transfers between family members, or is a curio or antique firearm.

KGVO News reached out to Ward One City Councilor Bryan von Lossberg, the author of the ordinance, for a comment, but the call was not returned.


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