Posted on 02/06/2016 4:11:47 AM PST by marktwain
Nearly all states have some sort of law preempting local gun laws. Preemption means that the State preserves to itself certain areas of the law. Firearms are a natural for this protection; most Most are comprehensive; a few are minimal. Massachusetts has very limited state pre-emption. From dovekopel.com:
Massachusetts preempts all gun licensing (Mass. Gen. Laws ch. 140 sect. 129B), and the state constitution forbids local laws inconsistent with state law; for this reason, Boston's Dec. 1989 ban on "assault weapons" was not allowed to go into effect until the state legislature later passed a bill authorizing the ban.
STATE HOUSE, BOSTON, FEB. 1, 2016_
Describing locally imposed restrictions in Massachusetts as threats to their constitutional rights, some gun owners have lined up behind a bill that would prevent municipalities from instituting their own ordinances around gun licensing.
"All we want is our rights," Lowell gun owner Arthur Perkins said during a hearing before the Joint Committee on Public Safety and Homeland Security last week. "We don't want anything special. We're not asking for any other of the 32 steps that we go through to get a license to be taken away. We want the whimsy, we want the prejudice, we want the crazy beliefs to be taken away with. That is what this bill will do."
(Excerpt) Read more at ammoland.com ...
http://www.davekopel.com/2A/IB/Limited-Preemption.htm
You can’t correct it on FR but if you can on Ammoland, I bet Dave would appreciate having his name spelled right.
Thanks for the correction. I will get on it.
This is coming out of the requirement in Lowell that you need to write an essay before they will consider your unrestricted handgun permit application.
Yes, that is one of the complaints.
8.4% of registered voters in Massachusetts have Class A (unrestricted) carry licenses.
8.4% is one heck of a voting block.
I wonder what the conversations will be in Mass. mosques this week?
I wonder what the conversations will be in Mass. mosques this week?
----there, fixed that
..This coming out of the requirement in Lowell...for a handgun permit)...
I think Thomas Paine would be appropriate
‘Arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world... Horrid mischief would ensue were one half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong.’
They have the same essay requirement in Weymouth as well.
Marko
The voting block isn’t the percentage that have carry licenses.
It is the percentage that are legally eligible for carry licenses but have been arbitrarily denied one.
I believe it is all those with carry licenses, because the pre-emption law removes considerable legal risks from all of them. It eliminates many silly local laws that are just legal traps for otherwise innocent legal gun carriers.
This is a “requirement” in many municipalities here. I believe it has been, for many years, up to the municipality (in most cases, the Chief of Police) to “require” that.
“A decent pre-emption law in Massachusetts would be a good start toward restoring their Second Amendment rights. While Massachusetts has many very restrictive gun laws, they also have a high rate of carry permits. Getting a carry permit is only a little harder than getting a permit to simply own a single shot shotgun; so many opt to obtain the more difficult carry permit.”
Pre-emption law? Carry permits? Restrictive gun laws?
“...the right of the people to keep and bear Arms, shall not be infringed.”.
Nope. Don’t see any permit listed, nor do I see anything about ‘compelling govt interest/police powers’
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