Firearms Freedom Act and the Ninth Amendment

Firearms Freedom Act and the Ninth Amendment

Montana Shooting Sports Association
Montana Shooting Sports Association

Montana –-( In MSSA’s litigation to validate the Montana Firearms Freedom Act (MFFA), there are several serious legal points to be made.

These include various flavors of states’ right arguments, reexamination of federal Commerce Clause power, the effect of the Second and Tenth Amendments, and others.

One argument that has been simmering in the background but clearly raised in the text of the MFFA is what effect the Ninth Amendment may have on thwarting federal laws contrary to the MFFA.

While attorneys involved have been doing heavy thinking about the other important issues, I decided to turn my hand to researching, thinking about and writing about the MFFA/Ninth Amendment relationship. I seek to frame a Ninth Amendment argument, the essence of which could be applied in our litigation, MSSA v. Holder.

In case you may be interested, I have just published my writing about the MFFA and the Ninth Amendment.

If the reader believes that the Constitution is an old, dead, obsolete and meaningless piece of paper, the Ninth Amendment is as worthless as the rest, and has no relevance to the MFFA. However, if the observer believes that the Constitution actually means something, and that those who ratified the Constitution and its amendments had authority to do so, that they understood meaningful terms precisely as used and applied in their time, and that they knew what they were doing, then import of the Ninth Amendment begins to come into focus.

read more at:

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
author, Gun Laws of Montana

About Montana Shooting Sports Association:
MSSA is the primary political advocate for Montana gun owners. Visit: