Rich-D
1st May 2009, 02:31
Massachusetts - Gun-Storage Law Unconstitutional.
A police officer's 12-year-old son acquired access to the officer's handgun, the officer was prosecuted for violating Mass. Gen. Laws. ch. 140, § 131L the court held the statute was unconstitutional in Commonwealth v. Bolduc, dismissing the case.
The locking mechanisms mandated in the the statute, are functionally equivalent to those enumerated in the D.C. statute, which was struck down in Heller. The Court held that the Second Amendment not only protects an individual's right to possess firearms, but that the right requires that the firearms be available for "the purpose of immediate self-defense." The Massachusetts statute mandating lock boxes or similar devices would frustrate an owner's ability to immediately access an operable weapon…
The court appears to assume that the Second Amendment applies to state laws. Which the U.S.Supreme Court in he Heller decision, declined to rule on.
Rich
A police officer's 12-year-old son acquired access to the officer's handgun, the officer was prosecuted for violating Mass. Gen. Laws. ch. 140, § 131L the court held the statute was unconstitutional in Commonwealth v. Bolduc, dismissing the case.
The locking mechanisms mandated in the the statute, are functionally equivalent to those enumerated in the D.C. statute, which was struck down in Heller. The Court held that the Second Amendment not only protects an individual's right to possess firearms, but that the right requires that the firearms be available for "the purpose of immediate self-defense." The Massachusetts statute mandating lock boxes or similar devices would frustrate an owner's ability to immediately access an operable weapon…
The court appears to assume that the Second Amendment applies to state laws. Which the U.S.Supreme Court in he Heller decision, declined to rule on.
Rich