MA - SJC to hear two gun rights cases

[Old Fashioned]

The Massachusetts Supreme Judicial Court will hear two gunrights cases on 5 November 2009. The first case involves the constitutionality of a Mass law that requires a citizen wishing to purchase a firearm to first get a firearms permit from the local police before the firearm can be purchased. The second case pertains to Mass law that requires firearms in the home to be stored in a locked container or have a tamper proof lock such as a trigger lock.

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20091004/NEWS/910040331

[Aguila Blanca]

Poor timing. If Heller is the basis, Heller applied to the District of Columbia, which is not a state but a Federal enclave. There are other cases currently pending that MIGHT hold that the 2nd Amendment is "incorporated" and applies to the states ... but those cases also might NOT rule in favor of incorporation. And Massachusetts is one of the only (maybe THE only?) one of the original founding colonies/states that does NOT have a general right to keep and bear arms in its state constitution. If I remember correctly, Massachusetts constitution only provides for its citizens to keep and bear arms "in the common defense" (in other words, in the militia, but not to defend yourself, your family, or your home).

This could be interesting, but I think this attorney is paddling upstream.

[Rich-D]

This could be interesting, but I think this attorney is paddling upstream.
You are most likely correct, however let's hope he can successfully get up stream and score a win!

[Old Fashioned]

Since there is already a case pending that SCOTUS has agreed to hear that pertains directly to the question of incorporation of the 2ndA, the Mass court may well take the "lets wait and see" approach to the matter of incorporation. However, the law requiring a permit to purchase could be over turned on the basis that there are no standards set for a law enforcement agency to go by in deciding to issue or deny a permit application. Right now it just depends on the attitude of a particular agency or department at the time of application.