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So they did'nt toss it out on the 2A "keeping" clause, just on "ambiguity".
http://www.goal.org/templates/bolduccase.htm
” GOAL would like to caution our members that while we celebrate this is step in the right direction, keep in mind this was a district court decision, and it does not necessarily change the storage laws here throughout Massachusetts. Therefore, we would recommend that all gun owners continue to adhere to the Massachusetts firearms storage laws for the time being. GOAL is attempting to secure a copy of the decision and will alert our members as we find more information about it.”
Ping!
A key point in this case that was highlighted in the Volokh “Comments” section is that the judge basically conceded 14A incorporation of 2A. It will be interesting to watch the caroms off of this case.
If Massachusetts had truly good and adequate gun control laws then the OUTLAW GUN WIELDERS who gathered at Concord and Lexington would not have been able to injure and/or kill those poor British soldiers. Peace would have reigned and our long history of gun ownership would have ended on the spot. PLEASE NOTE: This refers ONLY to LEGAL GUN OWNERSHIP.
Illegal gun ownership will, of course, continue.
I understand the Boston area had a VERY busy weekend in the gunshot area of the news.
It used to be the job of ALL judges, officers of the court, and jury to judge the law as well as the crime.
Interestingly, the court seemed to assume that the Second Amendment applies to state laws -- what lawyers call the "incorporation" issue -- which is something Heller pointedly declined to resolve.The day after the Heller decision, Morton Grove, IL - the first city (Village actually) in the USA to Ban Handguns, REPEALED their 'no handgun law'. They didn't need any constitutional expert or another SCOTUS case determining "incorporation". They knew they were screwed and acted appropriately(1).
(1) In a 'news presser' the Mayor admitted they'd prolly lose and didn't want to waste the town's money. So they repealed the law pdq before any case could be filed.
Wow. This coupled with me meeting some hardcore right-wingers this weekend, from Staten Island no less. Good start to the week.
It's an eminently safe assumption with an enumerated right, as any intellectually honest jurist should know.
It’s a miracle.
The Libs in Mass. must be seething right now. LOL. Just love to see their faces.
No, they guy got off because he was a police officer.
Simply amazing. Who'd a thunk it?
Thanks so very much for this article, marktwain!
Was this special treatment for a COP? Suppose it had been YOU. Would the “Judge” have gone the same way?