Massachusetts rules 2nd Amendment does not apply to states


By


bfraga@s-t.com


The right to bear arms as defined in the Second Amendment does not apply to
the states, so Massachusetts can regulate who can have firearms and how

those weapons are to be stored, the state's high court ruled Wednesday.

The Massachusetts Supreme Judicial Court unanimously dismissed two challenges to the state's gun laws that require citizens to register
with police departments before acquiring a firearm, as well as keeping
guns stored in a locked container or equipped with a trigger lock.


The court upheld the conviction of Nathaniel DePina, a New Bedford man who
is serving a two-year jail sentence for carrying an illegal firearm.

His lawyer, Paul Patten of Fall River, challenged the conviction on the
grounds that the state's gun licensing laws were unconstitutional.

Patten said the Supreme Judicial Court missed an opportunity to contribute to the debate surrounding the Second Amendment.

"I think they could have at least given some guidance on the issue," Patten said. "This leaves all the main questions unanswered."

Meanwhile, law enforcement officials and gun control advocates praised the ruling.

"We have seen in Bristol County, and I believe this is true throughout Massachusetts, that 95 percent of the gun violence is committed by
those who have no lawful right to possess or carry a firearm," Bristol
County District Attorney C. Samuel Sutter said.

"That is a powerfully compelling argument for the need for licensing requirements for the possession of firearms."

New Bedford Police Chief Ronald E. Teachman said he was "relieved" with the court's rulings.

"If the SJC had not ruled this way, where would we be? That anyone can have a gun, regardless of criminal background or mental health?" Teachman
said.

The challenges before the Supreme Judicial Court flowed from the U.S. Supreme Court's 2008 decision in District of Columbia v. Heller, which said that the Second Amendment
applied to private citizens in addition to state-regulated militias.

On Wednesday, Massachusetts Justice Ralph Gants said the Heller decision did not have any bearing on state law.

"We conclude that, based on current federal law, the Second Amendment does not apply to the states, either through the 14th Amendment's guarantee
of substantive due process or otherwise," he said.

"The defendant's challenge likewise fails under our Massachusetts Constitution, which recognizes no individual right to keep and bear
arms."

Jim Wallace, president of the Gun Owners Action League, a gun rights organization, decried the judge's ruling.

"What a mess. It's very clear to me that Justice Gants did not actually read the Heller decision," he said.

The issue could be revisited soon. Last week, the U.S. Supreme Court heard arguments in McDonald v. Chicago, a case in which the court is asked to
determine whether the Second Amendment applies to state and local laws.

"The Chicago case will be a remarkable decision," Teachman said. "It will have a profound effect either way."

Attorney Dwight Duncan, a professor at the new UMass School of Law at Dartmouth, said the Supreme Judicial Court may be on "very thin ice" in its gun
rulings.

"Given that virtually every provision of the Bill of Rights has been incorporated against the states by the 14th Amendment's due process clause, I think it highly
unlikely that the U.S. Supreme Court will decide that the Second
Amendment does not apply to the states," Duncan said..

Views: 91

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Sweettina2 on March 16, 2010 at 11:22pm
I so agree!
Comment by fireguy on March 16, 2010 at 11:17pm
We need to pray for honesty and wisdom in our judicial system and for the 'Judges'" safety. As things get more and more corrupt and sideways to the Constitution people will get mad. We do not want what happens in other countries on a seemingly daily basis to take place here. The NWO is waiting for people to react, so they can have an excuse to declare a totalitarian police state in the U.S.

http://news.bbc.co.uk/2/hi/middle_east/7477800.stm
http://en.wikinews.org/wiki/Prominent_Iranian_judge_assassinated
http://colombiareports.com/colombia-news/news/8547-govt-no-evidence...
http://en.rian.ru/russia/20090610/155215649.html
http://articles.latimes.com/2004/jul/20/world/fg-judge20

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a video

Architecton | Official Trailer HD | A24

SUBSCRIBE: http://bit.ly/A24subscribeWritten and directed by Victor Kossakovsky and starring Michele De Lucchi. ARCHITECTON – Coming Soon RELEASE DATE: Comin...
4 hours ago
tjdavis posted photos
4 hours ago
tjdavis posted a blog post
5 hours ago
Burbia posted a video

Europe Will Not Survive

The hubris.All things Archaix at www.archaix.com
6 hours ago
FREEDOMROX posted a video
20 hours ago
Burbia commented on tjdavis's blog post Track AIPAC
yesterday
rlionhearted_3 commented on Doc Vega's blog post Latest Details on Missile Exchanges Between Iran and Israel
"May get really ugly over there?"
yesterday
Doc Vega posted a blog post

Latest Details on Missile Exchanges Between Iran and Israel

Latest information about the air attacks between Israel and Iran as the US moves another carrier…See More
Thursday
tjdavis favorited Less Prone's video
Thursday
tjdavis posted a blog post
Thursday
cheeki kea replied to cheeki kea's discussion Tartaria
"Some interesting information has come to light ( from the renaissance period ) which explains that…"
Thursday
Sandy posted a video
Thursday
John Miller replied to MAC's discussion BREAKING! UFO whistleblowers drop BOMBSHELL on D.C. | Redacted with Natali and Clayton Morris
"Yes, the whole whistleblower situation is getting more intense, especially with all these bombshell…"
Wednesday
Doc Vega posted a blog post

Silent and Blue

Thought I'd lost myself today The meaning seemed so far away Then you slowly faded into disarray I…See More
Wednesday
Burbia posted a video

Disturbing Videos That Left Me Needing Answers!

#disturbing #video #strange #scary #scaryvideos #strangevideos This is a compilation of the most disturbing videos on the intern...
Wednesday
Erica Woodward is now a member of 12160 Social Network
Tuesday
rlionhearted_3 posted photos
Tuesday
Less Prone commented on rlionhearted_3's photo
Thumbnail

I’m thinking a great model for a bra ad?

"Gravitation, the ultimate enemy of breasts. A bra is recommended. "
Tuesday
Burbia's blog post was featured

The Noticing Continues

American woman says “I’ve had enough” of the white hate pushed on the populationQ“We're the only…See More
Tuesday
Less Prone favorited Burbia's blog post The Noticing Continues
Tuesday

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted