In Montana Shooting Sports Association’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 at: