Kentucky, Louisiana, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Virginia, West Virginia and Washington. ATF response to Montana proposing Firearms Freedom Act On July 16, 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives published an open letter to Montana Federal Firearms Licensees, clarifying the bureau's position on the Montana Firearms Freedom Act. According to this letter, "...because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply." The letter then summarizes ATF requirements for FFL holders. On August 24, 2009, the Montana Shooting Sports Association and the Second Amendment Foundation announced that they were planning on filing a lawsuit on October 1, 2009 — the date that the Montana Firearms Freedom Act became effective — to stop federal regulations from being enforced for the firearms covered under the new state law. Legal challenge Based on the Montana law, plaintiffs challenged the continued enforcement of federal gun laws, in federal district court, on October 1, 2009. These plaintiffs are the Montana Shooting Sports Association, the Second Amendment Foundation, and MSSA president Gary Marbut. The legal complaint states that Marbut "wishes to manufacture and sell small arms and small arms ammunition to customers exclusively in Montana, pursuant to the MFFA, without complying with the NFA or the GCA, or other applicable federal laws." On September 29, 2010, U.S. District Court Judge Donald Molloy dismissed the suit "for lack of subject matter jurisdiction and failure to state a claim." The Plaintiffs filed an appeal with the United States Court of Appeals for the Ninth Circuit. In a decision issued on August 23, 2013, the Ninth Circuit ruled that the U.S. District Court erred in concluding that the Plaintiff's lacked standing but, after considering the merits of the case, affirmed the dismissal of the action for failure to state a claim. Relying on the United States Supreme Court's decision in Gonzales v. Raich, 545 U.S. 1 (2005), and the court's own precedent in United States v. Stewart, 451 F.3d 1071 (9th Cir. 2006), the Ninth Circuit panel unanimously ruled that Congress could regulate the internal manufacture of firearms within Montana because the creation and circulation of such firearms could reasonably be expected to impact the market for firearms nationally. A majority of the panel,