DC vs Heller and impact on MA gun laws

[drgrant]

At the risk of going out on a limb:

If you assume the Supreme Court holds that the Second Amendment creates an individual right, and further that it affirms the ruling below by the D.C. Cir., without remand, then I believe the Commonwealth will re-visit ch. 140.

Here's a question... what happens if the 2nd is incorporated (eg, as in the case of say, case law striking down a handgun ban in chicago) and MA does nothing? I'm guessing at that point we would need an MA "test case" or something to force the issue? The reason I mention this is I doubt this horrible shithole of state would ever acknowledge that their laws are unconstitutional.... without someone pushing the issue... The state is corrupt enough that courts here would more than likely rule in favor of the state, constitution set aside.

-Mike

 

[M1911]

Here's a question... what happens if the 2nd is incorporated (eg, as in the case of say, case law striking down a handgun ban in chicago) and MA does nothing?

I would not expect MA to change based solely on DC vs Heller. Even if there is an expansive decision (which I doubt), I expect it will take legal action, quite possibly up to the Supreme Court to get MA laws changed. After all, this district of the federal court is quite liberal.

 

[RKG]

Here's a question... what happens if the 2nd is incorporated (eg, as in the case of say, case law striking down a handgun ban in chicago) and MA does nothing? I'm guessing at that point we would need an MA "test case" or something to force the issue? The reason I mention this is I doubt this horrible shithole of state would ever acknowledge that their laws are unconstitutional.... without someone pushing the issue... The state is corrupt enough that courts here would more than likely rule in favor of the state, constitution set aside.

-Mike

On your hypo (i.e., Heller affirmed and Second Amendment later held applicable to the states via the Fourteenth Amendment, and then Massachusetts does nothing to conform its statutes), the Commonwealth runs the risk of a federal lawsuit striking down the whole thing and leaving no firearms regulation statutes in place. I believe this risk would be perceived and anticipated.

 

[drgrant]

On your hypo (i.e., Heller affirmed and Second Amendment later held applicable to the states via the Fourteenth Amendment, and then Massachusetts does nothing to conform its statutes), the Commonwealth runs the risk of a federal lawsuit striking down the whole thing and leaving no firearms regulation statutes in place. I believe this risk would be perceived and anticipated.

So basically, what you're saying is that a federal court could conceivably declare all of MA's gun laws unconstitutional? (and
render them "null and void" ? )

I'm guessing what would probably happen is that they would let it
get that far, but perhaps then change the laws only when threatened with such a lawsuit.

-Mike

 

[Rob Boudrie]

Another interesting point - how many people convicted under the DC law will have their convictions reversed, or be sprung from prison?

 

[LoginName]

So basically, what you're saying is that a federal court could conceivably declare all of MA's gun laws unconstitutional? (and
render them "null and void" ? )

I'm guessing what would probably happen is that they would let it
get that far, but perhaps then change the laws only when threatened with such a lawsuit.

-Mike

At a minimum, I would expect the state to maintain a set of laws that barely squeaks by any courts interpretation of "reasonableness" or what is allowable.

 

[pbearperry]

Maybe if push comes to shove,we could start a class action suit to get rid of the AG list?

 

[pdm]

Maybe I'm too pessimistic, but I don't see MA laws changing much at all, even with the most favorable of possible Heller rulings.

 

[RKG]

Another interesting point - how many people convicted under the DC law will have their convictions reversed, or be sprung from prison?

None, because they did not raise the issue on direct appeal and the appeal period has now passed.

 

[WayneWong]

Maybe I'm too pessimistic, but I don't see MA laws changing much at all, even with the most favorable of possible Heller rulings.

If we sit around with our thumbs up our asses, that is the likely outcome, but once a favorable decision is announced, that is the time to start making calls, writing letters, visiting our reps, and filing court cases. It's sort of like a "teaching moment" when people are most responsive to change of behavior.

 

[M1911]

Maybe if push comes to shove,we could start a class action suit to get rid of the AG list?

We can't. We don't have legal standing. The restrictions are on dealers and manufacturers. They already took their legal shot, lost, and missed the deadline to appeal.