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Comm2A Wins in Federal Court - Mass Alienage Ban Overturned

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On Friday a Federal Court Judge granted our motion for summary judgment in Fletcher v. Haas, effectively overturning the state's prohibition on handgun possession by resident aliens.

In his 41-page ruling Federal Judge Douglas P. Woodlock concluded that: "The Massachusetts firearms regulatory regime, as applied to Fletcher and Pryal, does not pass constitutional muster regardless of whether intermediate scrutiny or strict scrutiny applies..." and continues: "Any classification based on the assumption that lawful permanent residents are categorically dangerous and that all American citizens by contrast are trustworthy lacks even a reasonable basis."

In answer to the Commonwealth's assertion that the Second Amendment protects a right of citizenship Judge Woodlock writes: "The defendants' reading of Heller requires a considerable analytical strain."


http://campaign.r20.constantcontact...QEGPvK_flqmeXFPH4kes80AesR_cmEvT-DctRKnWQLIk=
 

terraformer

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Is that it then? Can a lawful permanent resident get an LTC immediately?

We are working on those kinds of answers and will have something out next week hopefully. The answer is likely to have a "depends" in it (like "depends if the states tries to appeal", etc;) but within the next 2-4 weeks most of the depends will wash away and there will be a hard and fast path forward.
 
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We are working on those kinds of answers and will have something out next week hopefully. The answer is likely to have a "depends" in it (like "depends if the states tries to appeal", etc;) but within the next 2-4 weeks most of the depends will wash away and there will be a hard and fast path forward.
Waiting for your word and psyched to move forward with my wife's application!!
 
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We are working on those kinds of answers and will have something out next week hopefully. The answer is likely to have a "depends" in it (like "depends if the states tries to appeal", etc;) but within the next 2-4 weeks most of the depends will wash away and there will be a hard and fast path forward.
"the depends will wash away and there will be a hard and fast path forward."
My mother tried to wash her depends and the result was soft and far reaching. [grin]
On a serious note, I'm delighted for the people this decision makes whole. In the long term, it will be interesting to see how many "alien residents" get an LTC without restrictions even as many citizens cannot.
Best regards.
 
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"the depends will wash away and there will be a hard and fast path forward."
My mother tried to wash her depends and the result was soft and far reaching. [grin]
On a serious note, I'm delighted for the people this decision makes whole. In the long term, it will be interesting to see how many "alien residents" get an LTC without restrictions even as many citizens cannot.
Best regards.

I don't have the law as written in front of me, but I'm wondering if there were no mechanism for a lawful permanent resident to submit an application before the ruling, who will they submit it to now? Do they apply to their local COP or the Colonel of MSP?
 
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I don't have the law as written in front of me, but I'm wondering if there were no mechanism for a lawful permanent resident to submit an application before the ruling, who will they submit it to now? Do they apply to their local COP or the Colonel of MSP?

The law as it stands (or stood until Friday), being an alien made one statutorily unqualified to apply for either an LTC or FID. Although the ruling focused on the state's strained interpretation of 'the people' in a 2nd Amendment context, a case like this is very strong just on basic 14th Amendment equal protection grounds. In fact that is exactly the way in which the ACLU approached two other gun licensing cases.

Going forward we would expect that aliens will follow the SAME process and be considered for licenses on the SAME basis as citizens. Anything short of that would raise serious equal protection issues.
 
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Hi terraformer, have you heard anything? Do you know if the state will appeal or not? Cross my fingers and anxiously waiting everyday [grin] Thanks.
 

terraformer

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Hi terraformer, have you heard anything? Do you know if the state will appeal or not? Cross my fingers and anxiously waiting everyday [grin] Thanks.

I know it sucks waiting but we have about a week before we will know for sure. Everyone effected should get their paperwork together and email [email protected] if you are not already linked in with Brent.
 
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Like many large organizations the NRA is a many-headed monster. Their education programs are great adn the CRDF spreads a good bit of money around to help causes and cases.

The more public face is the ILA. They're responsible for most of the rhetoric and self promotion. They are the "gun lobby". They've all but abandoned Mass for many reasons - we don't have much fund raising potential for them and are more valuable as a "what happened to Mass could happen to you" kind of poster child. In many cases their contributions to litigation are actually counterproductive and I wish they'd stay out of that space. On the other hand I think their ability to 'own' Congress is greatly overstated, but if that's what people choose to believe and it works, that's fine with me.
 
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In some cases, the NRA will stay out of litigation in "MA Only" issues because the risk is not perceived to be worth it.

For example, an NRA fight of the MA "ammo embargo" might cure that cancer, but, if the case was lost, could cause it to spread to additional states.
 
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Broccoli Iglesias

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In some cases, the NRA will stay out of litigation in "MA Only" issues because the risk is not perceived to be worth it.

For example, an NRA fight of the MA "ammo eMbargo" might cure that cancer, but, if the case was lost, could cause it to spread to additional states.

and thats why I thought that my donation to the NRA was not worth it.
 

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Comm2A has proven itself as a powerhouse defending the Rights and freedom of gun owners in Massachusetts. They have provided vital funds and litigation support to gun owners facing lengthy prison terms over bogus firearms charges. This definitely is a group you should support.
 
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