Gould v O'Leary - Comm2A Carry Case v. Boston / Brookline

[Glockster30]

Or since there is no federal law providing for MA law to extend beyond the four corners of its borders on the issue of possession by someone not prohibited by s922, the possession of firearms located outside the state can not be criminally charged. How can MA law extend into NH and prevent lawful possession in another state. In other words, they can’t legally extinguish ownership rights at all and possession rights outside the 4 corners of MA borders.

Thanks, this is what I was alluding to if one established dual residency in MA & NH.

 

[Drix]

That would only work if it was before the revocation. The law is very specific - "Upon revocation [...] the person [...] shall without delay deliver or surrender to the licensing authority where the person resides all firearms, rifles, shotguns and machine guns and ammunition which the person then possesses".

This may be what the law says, but I guarantee you'll get jammed up for it.

 

[Waher]

Can we please split the multiple pages of off topic stuff from the thread?

 

[Individualist]

Here's a curious scenario -

An induhvidual (reference from DNRC) is arrested for possession of a handgun with a FID (wordo corrected). Rather than take the plea bargain, he going to trial and uses the entrapment by estoppel defense arguing that the Boston PD's testimony in court transcripts he has read constitutes a representation from a state law enforcement official that said possession is legal under MA law.

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A trick the courts like to pull is "An LTC is not protected because it grants privileges beyond the Heller protected rights", while ignoring that an LTC is the minimum license necessary to exercise those rights.

The state courts have also held that denial of a license is an administrative burden, not a punitive one, and therefore not covered by the 2A.

I How about denial of being allowed to apply for a license. Denial of Right. Where does that one fall?

 

[Rob Boudrie]

I How about denial of being allowed to apply for a license. Denial of Right. Where does that one fall?

That' a soft denial and takes a bit more work to appeal, but you can get a fair hearing after which the court will carefully weigh the judgement of a career public safety professional against a random schmuck who wants to arm himself and decide who to side with.

 

[Individualist]

That' a soft denial and takes a bit more work to appeal, but you can get a fair hearing after which the court will carefully weigh the judgement of a career public safety professional against a random schmuck who wants to arm himself and decide who to side with.

I’m thinking more along the lines of the current situation where upstanding citizens are not allowed to apply, thus through no change to law are denied a Right.