Mike S
NES Member
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GOAL to File Amicus Brief in Storage Case
Gun Owners’ Action League is joining forces with the Second Amendment Foundation, Attorney Alan Gura (of the Heller Case) and Attorney Ed George to file a friend of the court brief (Amicus Curiae) in the Runyan case. Commonwealth vs. Richard Runyan SJC-10480 (http://www.ma-appellatecourts.org/display_docket.php?dno=SJC-10480) is a case that is going to appear before the Massachusetts Supreme Judicial Court regarding a charge of unlawful storage of a rifle and a shotgun that originated in the Lowell District Court.
In September of 2008 the plaintiff’s attorney filed a motion to dismiss the unlawful storage charge citing the recent “Heller” decision. In October of 2007 the Supreme Court of the United States ruled in District of Colombia ET AL. v. Heller: “In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”
The Commonwealth of Massachusetts unsuccessfully argued against the motion to dismiss based on Heller. The Commonwealth claimed that Massachusetts storage laws do not infringe upon an individual’s right to possess and carry a weapon for immediate self defense. On October 17, 2008 the Lowell District Court Judge allowed the motion to dismiss the charge. He stated in his order in favor of the defendant that “the Court is unable to distinguish the provisions of General Law ch. 140, § 131l from those struck down in Heller.”
The Runyan case is not the only time a District Court Judge has struck down unlawful storage charges based on the Heller decision. There is at least one more that we were made aware of. It comes from the Barnstable District Court in Commonwealth vs. Richard R. Bolduc. In this case the defendant was charged with the unlawful storage of a handgun.
In this case the Judge also ruled in favor of the defendant and allowed a motion to dismiss the charge based on Heller. The Judge stated in her ruling: “Any ambiguity in the statute as applied to a person lawfully keeping a firearm in the home must be resolved in favor of the holder of the right.” “In light of the forgoing, the Court finds that, based on the Supreme Court’s decision in District of Colombia v. Heller, G.L. c.140, sec. 131L is unconstitutional.”
The difference between the cases was that the Bolduc decision was not appealed by the Commonwealth. The Runyan decision has been appealed and is scheduled to go before the Supreme Judicial Court of Massachusetts (SJC). In the order to do so it states: “The parties agree that direct appellate review is appropriate because the questions presented are ones of first impression in Massachusetts and involve questions of law pertaining to the United States Constitution, the Massachusetts Constitution and statutory law.” The Runyan case is scheduled to be heard before the SJC in October.
Anti-civil rights organizations such as the Brady Center to Prevent Gun Violence, International Brotherhood Police, Legal Community Against Violence, Massachusetts Chiefs of Police, Massachusetts Million Mom March and Stop Handgun Violence have already rushed to file their briefs arguing the success of gun control. It is already common knowledge that Massachusetts gun control laws, including storage laws, have been an abhorrent failure. With that knowledge, it is no surprise that former Massachusetts Attorney General Scott Harshbarger is the lead counsel filing the briefs on behalf of the anti-civil rights organizations.
As our members are well aware, Scott Harshbarger abused his “consumer protection” authority as Attorney General and promulgated the fraudulent handgun regulations in the mid 1990’s.
As we can plainly see from the figures provided (chart below) by the Massachusetts Department of Public Health’s Injury Surveillance Program numbers, none of the gun laws, regulations or policies of the Commonwealth has had any positive affect at reducing accidental gun deaths in Massachusetts. It is not surprising that the same groups who supported and promoted the disastrous gun laws and policies in Massachusetts would rush to the SJC to defend them. They know full well that a loss at the SJC level would be the beginning of the end of their long persecution of the lawful gun owners of the Commonwealth.
As this column is being written the final draft of the GOAL/SAF brief is being finalized. It will be interesting to see how the SJC handles this case since the lead part of our team in filing the brief is Attorney Alan Gura, the very man who won the Heller case before the Supreme Court of the United States.
As is normal in the dog days of summer, things are pretty slow up at the State House during the month of August. We certainly can’t say that for the members of Congress who stirred a hornet’s nest about health care just before going out on their summer break. Things got so bad surrounding that issue that the GOAL Headquarters was getting many phone calls from members looking for credible information on the so-called healthcare reform package. Although we did not have much information to offer, it was gratifying to know our members consider us a respected source for information.
In any case, here are a few bullet points to gear us up for the session to start up again in September.
Governor’s Proposed Regulations – To date there has been no word from Public Safety or the Governor’s office on the “Firearms Exhibition” regulations. There has been some unofficial word that they are being completely redrafted, but nothing in writing yet.
DCR Regs – GOAL was made aware several months ago that the Department of Conservation and Recreation was rewriting a large part of their internal regulations. We were informed that some of the rewrite would affect the ability of lawful citizens to possess firearms on certain state property. There has been no further word from the agency other than they are still in the drafting phase.
H.2259 GOAL’s Civil Rights and Public Safety Act – We continue to have great success in our speaking engagements around the state educating citizens on the great need to reform the Commonwealth’s gun laws. The message is being well received by everyone who attends these seminars. The bill is expected to have a hearing sometime in the fall.
H.4102 Governor Patrick’s gun control bill – The bill had a hearing, although we never got to testify on it. It currently still resides in the Judiciary Committee and there is no word on its movement.
Race for Governor – This race is already heating up. There are several candidates on the field that are already vying for positions. State Treasurer Tim Cahill is said to be running as an Independent, Charlie Baker as a Republican, Christy Mihos as a Republican and there are rumors flying around that still others might join the field of candidates.
Congressional Races – These races are starting to gain some attention especially as local congressmen continue to hide from their constituents or hurl insults at them when they come to meetings. In either case, it is clear that it is time to topple the so called representatives of our state.
Local Races – With the state representative and senatorial races still a year away, GOAL is already getting inquiring concerning potential candidates for these seats. It is clear from talking to these folks that the anger caused by the irresponsible actions of the Massachusetts congressmen has spilled over into an effort to throw out any incumbent regardless of what office they hold.
In general I hope everyone had a safe and enjoyable summer, despite the aggravation coming from D.C. , and are ready to gear up the fight for freedom again this fall.
Now more than ever we need your help to continue this fight, GOAL currently has a great raffle for an Auto Ordnance Thompson 1927 which will be drawn on September 4th, and lots of great Fall merchandise in stock, you can also, simply donate by clicking here, please urge any and everyone you know that lives in MA to join GOAL.
Thank you for your support,
Jim Wallace
Executive Director
GOAL.
GOAL to File Amicus Brief in Storage Case
Gun Owners’ Action League is joining forces with the Second Amendment Foundation, Attorney Alan Gura (of the Heller Case) and Attorney Ed George to file a friend of the court brief (Amicus Curiae) in the Runyan case. Commonwealth vs. Richard Runyan SJC-10480 (http://www.ma-appellatecourts.org/display_docket.php?dno=SJC-10480) is a case that is going to appear before the Massachusetts Supreme Judicial Court regarding a charge of unlawful storage of a rifle and a shotgun that originated in the Lowell District Court.
In September of 2008 the plaintiff’s attorney filed a motion to dismiss the unlawful storage charge citing the recent “Heller” decision. In October of 2007 the Supreme Court of the United States ruled in District of Colombia ET AL. v. Heller: “In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”
The Commonwealth of Massachusetts unsuccessfully argued against the motion to dismiss based on Heller. The Commonwealth claimed that Massachusetts storage laws do not infringe upon an individual’s right to possess and carry a weapon for immediate self defense. On October 17, 2008 the Lowell District Court Judge allowed the motion to dismiss the charge. He stated in his order in favor of the defendant that “the Court is unable to distinguish the provisions of General Law ch. 140, § 131l from those struck down in Heller.”
The Runyan case is not the only time a District Court Judge has struck down unlawful storage charges based on the Heller decision. There is at least one more that we were made aware of. It comes from the Barnstable District Court in Commonwealth vs. Richard R. Bolduc. In this case the defendant was charged with the unlawful storage of a handgun.
In this case the Judge also ruled in favor of the defendant and allowed a motion to dismiss the charge based on Heller. The Judge stated in her ruling: “Any ambiguity in the statute as applied to a person lawfully keeping a firearm in the home must be resolved in favor of the holder of the right.” “In light of the forgoing, the Court finds that, based on the Supreme Court’s decision in District of Colombia v. Heller, G.L. c.140, sec. 131L is unconstitutional.”
The difference between the cases was that the Bolduc decision was not appealed by the Commonwealth. The Runyan decision has been appealed and is scheduled to go before the Supreme Judicial Court of Massachusetts (SJC). In the order to do so it states: “The parties agree that direct appellate review is appropriate because the questions presented are ones of first impression in Massachusetts and involve questions of law pertaining to the United States Constitution, the Massachusetts Constitution and statutory law.” The Runyan case is scheduled to be heard before the SJC in October.
Anti-civil rights organizations such as the Brady Center to Prevent Gun Violence, International Brotherhood Police, Legal Community Against Violence, Massachusetts Chiefs of Police, Massachusetts Million Mom March and Stop Handgun Violence have already rushed to file their briefs arguing the success of gun control. It is already common knowledge that Massachusetts gun control laws, including storage laws, have been an abhorrent failure. With that knowledge, it is no surprise that former Massachusetts Attorney General Scott Harshbarger is the lead counsel filing the briefs on behalf of the anti-civil rights organizations.
As our members are well aware, Scott Harshbarger abused his “consumer protection” authority as Attorney General and promulgated the fraudulent handgun regulations in the mid 1990’s.
As we can plainly see from the figures provided (chart below) by the Massachusetts Department of Public Health’s Injury Surveillance Program numbers, none of the gun laws, regulations or policies of the Commonwealth has had any positive affect at reducing accidental gun deaths in Massachusetts. It is not surprising that the same groups who supported and promoted the disastrous gun laws and policies in Massachusetts would rush to the SJC to defend them. They know full well that a loss at the SJC level would be the beginning of the end of their long persecution of the lawful gun owners of the Commonwealth.
As this column is being written the final draft of the GOAL/SAF brief is being finalized. It will be interesting to see how the SJC handles this case since the lead part of our team in filing the brief is Attorney Alan Gura, the very man who won the Heller case before the Supreme Court of the United States.
As is normal in the dog days of summer, things are pretty slow up at the State House during the month of August. We certainly can’t say that for the members of Congress who stirred a hornet’s nest about health care just before going out on their summer break. Things got so bad surrounding that issue that the GOAL Headquarters was getting many phone calls from members looking for credible information on the so-called healthcare reform package. Although we did not have much information to offer, it was gratifying to know our members consider us a respected source for information.
In any case, here are a few bullet points to gear us up for the session to start up again in September.
Governor’s Proposed Regulations – To date there has been no word from Public Safety or the Governor’s office on the “Firearms Exhibition” regulations. There has been some unofficial word that they are being completely redrafted, but nothing in writing yet.
DCR Regs – GOAL was made aware several months ago that the Department of Conservation and Recreation was rewriting a large part of their internal regulations. We were informed that some of the rewrite would affect the ability of lawful citizens to possess firearms on certain state property. There has been no further word from the agency other than they are still in the drafting phase.
H.2259 GOAL’s Civil Rights and Public Safety Act – We continue to have great success in our speaking engagements around the state educating citizens on the great need to reform the Commonwealth’s gun laws. The message is being well received by everyone who attends these seminars. The bill is expected to have a hearing sometime in the fall.
H.4102 Governor Patrick’s gun control bill – The bill had a hearing, although we never got to testify on it. It currently still resides in the Judiciary Committee and there is no word on its movement.
Race for Governor – This race is already heating up. There are several candidates on the field that are already vying for positions. State Treasurer Tim Cahill is said to be running as an Independent, Charlie Baker as a Republican, Christy Mihos as a Republican and there are rumors flying around that still others might join the field of candidates.
Congressional Races – These races are starting to gain some attention especially as local congressmen continue to hide from their constituents or hurl insults at them when they come to meetings. In either case, it is clear that it is time to topple the so called representatives of our state.
Local Races – With the state representative and senatorial races still a year away, GOAL is already getting inquiring concerning potential candidates for these seats. It is clear from talking to these folks that the anger caused by the irresponsible actions of the Massachusetts congressmen has spilled over into an effort to throw out any incumbent regardless of what office they hold.
In general I hope everyone had a safe and enjoyable summer, despite the aggravation coming from D.C. , and are ready to gear up the fight for freedom again this fall.
Now more than ever we need your help to continue this fight, GOAL currently has a great raffle for an Auto Ordnance Thompson 1927 which will be drawn on September 4th, and lots of great Fall merchandise in stock, you can also, simply donate by clicking here, please urge any and everyone you know that lives in MA to join GOAL.
Thank you for your support,
Jim Wallace
Executive Director
GOAL.
