Comm2A Challenges Firearms Prohibition for Lawfully Admitted Aliens

[Comm2A]

Friday, 15 April 2011
Commonwealth Second Amendment (Comm2A) today filed a federal civil rights lawsuit challenging Massachusetts’ near total ban on the possession of firearms by lawfully admitted aliens and an actual ban on the purchase of both firearms and ammunition. Comm2A is joined in bringing this case by the Second Amendment Foundation (SAF) and two British citizens who are lawful permanent residents in Massachusetts. Defendants in the case are two Massachusetts Police Chiefs in their roles as licensing authorities and the head of the Commonwealth’s Firearms Records Bureau.

Under the current law, lawful alien residents of Massachusetts are prohibited from applying for the licenses required to purchase any firearm in the Commonwealth or even to possess most firearms, including all handguns and many rifles and shotguns.

“This lawsuit truly illustrates the contradictory and irrational nature of the Commonwealths’ firearms laws,” stated Comm2A President Brent Carlton. “Governor Deval Patrick’s administration has broadly supported the immigrant community while noting our dependence on immigrants for our continued prosperity. Meanwhile Massachusetts law treats these same individuals as inherently dangerous in order to justify their exclusion from certain fundamental rights protected by the Constitution of the United States. This blanket prohibition runs contrary to the equal protection clause of the Fourteenth Amendment and today’s challenge is supported overwhelmingly by well-established legal precedent.”

Mr. Carlton concluded, “The state is quite comfortable denying a fundamental right to most of these residents upon whom it claims to depend. Our suit seeks to correct this disparity and ensure that those seeking to participate in the American dream have the right to do so fully.”

More information on the case can be found here.

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All press inquiries please contact (617) 942-0660 or [email protected].


Commonwealth Second Amendment (Comm2A) is a Massachusetts based non-profit dedicated to preserving and expanding the rights of gun owners in the northeast. We are dedicated to promoting a better understanding of rights guaranteed by the Second Amendment to the United States Constitution. In addition to organizing and funding a number of exciting projects, our activities include educational programs designed to promote a better understanding of Massachusetts and Federal firearms laws and rights as well as programs to defend and protect the civil rights of Massachusetts gun owners.

Comm2A is currently seeking a determination of 501(c)(3) non-profit status with the IRS. Donations made prior to a determination of non-profit status may not be tax deductible. However, once 501(c)(3) status has been granted all contributors and supporters will receive acknowledgment of their support.

 

[terraformer]

Here is SAF's press release.
http://www.facebook.com/notes/secon...n-for-legal-alien-residents/10150536802900247

 

[lord1234]

AWESOME! Keep up the good work!

 

[william_munny]

Nice! Fingers crossed that it ends up being the slam dunk that it sounds like.

 

[jenlynn724]

Awesome!!!

 

[MichaelJR]

keep fighting the good fight

 

[Nitro]

out of all the reasons mass is begging to be sued, why would they pick this?

 

[terraformer]

out of all the reasons mass is begging to be sued, why would they pick this?

We are already attacking discretionary licensing and carry via Hightower. We have more on the way. Why would we NOT pick this? Do you think that a LEGAL immigrant who followed our laws and whom submitted themselves to our immigration laws doesn't deserve to live the American Dream? Maybe we can say the 5th amendment doesn't apply to them. Or the first. Why stop there? Why not say the first doesn't apply to citizens who have red hair.

Rights are rights. If we all don't enjoy them, we all WILL lose them.

 

[terraformer]

out of all the reasons mass is begging to be sued, why would they pick this?

One other thing. You chose legal battles not based on morals or desire. You pick them based on what case law you can leverage to win. That said, we will make a LOT of new case law in MA. But we can't do this overnight. We have another case coming down the pike that will be a first in the nation case. But do you know how much work taking a case like that is? A lot.

 

[Diskothek]

Keep up the great work!

 

[jar]

One other thing. You chose legal battles not based on morals or desire. You pick them based on what case law you can leverage to win. That said, we will make a LOT of new case law in MA. But we can't do this overnight. We have another case coming down the pike that will be a first in the nation case. But do you know how much work taking a case like that is? A lot.

I can't wait to see what the first in the nation case is. Any ETA on the filing?

This case sounds like a slam dunk, so why not take it? IIRC a similar case in IA or somewhere won recently. Also nice to see a new attorney (Joe Hickson) joining the fight. Alan Gura is awesome, but he can't be in 100 places at once (though he seems to be managing 50 pretty well).

 

[WanMan99]

Thank you for your efforts on our behalf.

 

[Blitz1]

Excellent!! Well done guys.

 

[Len-2A Training]

Great job guys. Keep up the good work and pressure.

 

[M1911]

One other thing. You chose legal battles not based on morals or desire. You pick them based on what case law you can leverage to win.

Exactly. They have to be built upon a foundation of previous rulings.

 

[RadiCS]

Thanks.

 

[willbdavis]

Thanks TerraFormer. Keep up the good work.

 

[PaulD]

Great stuff. You guys seem to be approaching this with a very good strategy. Keep up the good work.

 

[richc]

Way cool efforts on our behalf!!!

Thank you!!!!!!!!!!!!

 

[lupis42]

Rights are rights. If we all don't enjoy them, we all WILL lose them.

"You must spread some Reputation around before giving it to terraformer again."

 

[wolf223]

Great stuff. You guys seem to be approaching this with a very good strategy. Keep up the good work.

this

 

[jar]

IIRC a similar case in IA or somewhere won recently.

Correction, it was South Dakota, details here: http://www.northeastshooters.com/vb...ff-WINS!!!!!-SD-Sued-Over-Alienage-CCW-Denial

 

[GML]

Keep up the good work!!

 

[TWtommers]

Excellent work, guys. Thanks.

 

[mark056]

This is a slippery slope. On the face of it, it seems to be a very valid point. However, if legal aliens have the full protection and rights of United States Citizens, then why should they not be able to vote? As most of us know, the right of all aliens (illegal or legal) to vote is an issue which has come up repeatedly. In some municipal jurisdictions all aliens have the right to vote in local elections. Affirming that all legal aliens have the same rights as all citizens merely opens the door a little wider, and before we know it just casts a wider net on the whole issue of ILLEGAL aliens and the rights that they supposedly enjoy as well.

I realize that there may be some compelling reasons to retain the citizenship of a particular country and reside permanently in another country with little of no desire to return to the country of origin. On the other hand, I cannot see why one would, in the course, of everyday living not want to become a citizen of the country that one resides in. If one desires all the benefits, then one should become a member of the team IMO.

Mark L.

 

[JFR2]

Just watch the Liberal hypocrisy come oozing out on this one. Watch them try to twist that it's ok to deny a constitutional right to a legal alien but not ok to deny them (or illegal aliens) handouts such as healthcare, drivers licenses, tuition, etc. These are things that they perceive as "rights". Actual rights, especially wrt guns, well, that's different for libtards.

-JR

 

[cekim]

This is a slippery slope. On the face of it, it seems to be a very valid point. However, if legal aliens have the full protection and rights of United States Citizens, then why should they not be able to vote?

It's not a slope since the right to keep and bear arms is an unalienable right endowed by our creator, protected from infringement by the government, not a privilege of citizenship as voting is...

Every conceivable aspect of MA's unconstitutional laws needs to be challenged until MA learns its lesson that when it puts its hand in this box, it gets bitten off.

 

[Burgermeister]

Just watch the Liberal hypocrisy come oozing out on this one. Watch them try to twist that it's ok to deny a constitutional right to a legal alien but not ok to deny them (or illegal aliens) handouts such as healthcare, drivers licenses, tuition, etc. These are things that they perceive as "rights". Actual rights, especially wrt guns, well, that's different for libtards.

This.

 

[economist]

Great work! You guys are going to have a big impact with these cases, and it is very encouraging to see it happening.

 

[50 BMG]

This is why I will continue to raise money for Comm2A. They actually do something!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Keep up the great work and I will keep handing out information and getting donations.