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MONTANA SHOOTING SPORTS ASS'N v. STATE

No. DA 09-0101.

224 P.3d 1240 (2010)

2010 MT 8

355 Mont. 49

MONTANA SHOOTING SPORTS ASSOCIATION, INC., Gary S. Marbut, Robert C. Clark, Carol Latta, Plaintiffs and Appellants, v. STATE of Montana, Steve Bullock, Attorney General of the State of Montana, Montana Department of Fish, Wildlife and Parks, Defendants and Appellees.

Supreme Court of Montana.

Decided January 19, 2010.

Rehearing Denied February 24, 2010.

Attorney(s) appearing for the Case

For Appellants: Quentin M. Rhoades; Sullivan, Tabaracci & Rhoades; Missoula, Montana, Thomas Lee Bruner; Poore, Roth & Robinson; Butte, Montana.

For Appellees: Hon. Steve Bullock, Montana Attorney General; Robert N. Lane, John F. Lynch; Special Assistant Attorneys General; Montana Department of Fish, Wildlife and Parks; Helena, Montana, K. Amy Pfeifer; Special Assistant Attorney General; Montana Department of Health and Human Services; Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Montana Shooting Sports Association Inc. (MSSA), Gary S. Marbut (Marbut), Robert C. Clark (Clark), and Carol Latta (Latta) (plaintiffs referred to collectively as, "MSSA plaintiffs") appeal the order of the District Court for the Fourth Judicial District, Missoula County, denying their request for a declaration that § 87-2-202(1), MCA, unconstitutionally infringes on the fundamental right...

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