The federal government is claiming in court documents demanding the dismissal of a gun-law challenge in Montana the authority to regulate in-state commerce under the Constitution’s Commerce clause.

But the plaintiff in the case says the court needs to review that provision in its amended form – since the 10th Amendment, adopted after the Commerce Clause, can be viewed as modifying the Constitution’s provisions regarding the regulation of commerce, specifically granting additional authority to states.

The argument is arising in a lawsuit filed in Montana against U.S. Attorney General Eric Holder and others. The complaint seeks a court order that the federal government stay out of the way of Montana’s management of its own firearms within state boundaries. Full Piece