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No SSN
"Modwest has done a great job for MSSA!"
--Gary Marbut, MSSA President
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January 30, 2006
MSSA Sues State over SSNs/Privacy
NEWS RELEASE
(for immediate release - January 30, 2006)
Sportsmens' Group Sues State Over Privacy
SSNs to Hunt and Fish Violate Privacy
MISSOULA - The Montana Shooting Sports Association and several individuals have filed suit against the State of Montana challenging the requirement that applicants must provide Social Security Numbers in order to obtain licenses to hunt or fish. MSSA is the primary advocacy group for hunters and gun owners in Montana.
In conflict are the right of privacy which the people have reserved to themselves in the Montana Constitution, and a state law requiring that residents wishing to hunt or fish in Montana must give their SSNs or be denied a license, so Quentin M. Rhoades, MSSA’s attorney, claims in the lawsuit.
The lawsuit filed today asks the court to prohibit the Montana Department of Fish, Wildlife and Parks from rejecting license applicants who decline to provide SSNs for privacy reasons, and to purge its data of hunters" and anglers" SSNs. Montana is thought to have the strongest privacy protection in its constitution of any state. Montana courts have historically held that individual privacy in Montana is among the strongest protections afforded by the Montana Constitution.
Plaintiffs in the lawsuit include MSSA, MSSA president Gary Marbut of Missoula, former state representative Robert Clark of Ryegate, and Carol Latta of Whitehall who has lost tens of thousands of dollars from identity theft because her SSN was stolen when she purchased a fishing license.
The Montana Legislature passed the law requiring SSNs to hunt and fish in response to a federal law requiring states to collect SSNs from residents in order for the state to maintain eligibility to receive certain federal welfare funds. Other states have applied for and been granted waivers for this federal requirement, but Montana has not obtained such waiver.
MSSA president Gary Marbut commented, "The underlying principle is that constitutional rights are absolutely not for sale. If Montana officials are willing and able to sell the right of privacy the people have reserved in the Montana Constitution, how long will it be before they decide to sell our freedom of the press, freedom of religion, or right to keep and bear arms? It is unconscionable that the state would sell our constitutional rights. We expect that Montana courts will confirm our view by protecting our constitutional rights from sale by state officials."
Founded in 1989, MSSA has members throughout Montana, and regularly works with the Montana Legislature to pass pro-hunting and pro-gun legislation. This includes such issues as the referendum on the state ballot in 2004 to put the right to hunt and fish into the Montana Constitution, a change handily approved by state voters.
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