U.S. District Judge Donald Molloy of Great Falls has rejected a request to temporarily abolish a ban on shooting game animals for a fee and called the prohibition a legitimate effort by the state to protect Montana’s traditional hunting heritage. More cases involving game farms are pending in other courts. The Supreme Court is considering a case pitting the state against Darby game farm owners wanting to give their elk to the Crow. Two state district judges temporarily prevented fish and game officials from enforcing the shooting ban at two game farms. On Oct. 5, Molloy said the ban, enacted as part of an initiative last year, should remain in effect because game owners challenging the law failed to show it violated their constitutional rights. ‘No fundamental right is implicated by banning fee killing of game animals in Montana,’ he said. He indicated he would rule later on the state’s request that the entire lawsuit be thrown out. An attorney for the plaintiffs said the order was requested because game farm owners depend on fee shooting for income needed to keep operating. The initiative which passed 51-49 percent bans fee shooting of animals, usually elk.

