SAF JOINED BY OTHER GROUPS IN FILING AMICUS BRIEF IN MASS. GUN BAN CASE

[Deplorable Me]

Second Amendment Foundation

BELLEVUE, WA – The Second Amendment Foundation has been joined by several other groups and Second Amendment scholars in filing an amicus brief with the First U.S. Court of Appeals supporting a challenge of the Massachusetts semi-auto rifle ban.

Joining SAF are the Cato Institute, the Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation of Firearms Ownership, Millennial Policy Center and the Independence Institute. The case is known as Worman v. Healey.

The case centers on a simple question: Can a state ban arms that are in common use by law-abiding citizens?

“We could hardly ignore a case of such importance,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The ban on so-called ‘assault weapons’ now being enforced in Massachusetts under Attorney General Maura Healey’s expanded definition is both arbitrary and unconstitutional. It cannot be allowed to stand, based on common sense and principles set down by the U.S. Supreme Court in the 2008 Heller ruling.

“This case,” he added, “goes right to the heart of the right of a citizen to choose appropriate arms for self-defense and other lawful purposes. As our brief explains, the high court has emphasized twice that the Second Amendment protection is not limited only to weapons useful in warfare, nor does that fact that a particular firearm might have military utility deprive it of Second Amendment protection.

“Because the law includes an exemption for law enforcement and retired law enforcement,” he added, “clearly demonstrates that these arms are suitable for self-defense because all arms carried by law enforcement are for defensive purposes.”

The state hasn’t offered any evidence that the banned firearms are not commonly-owned, and the burden of proof falls on the state, he noted.

“The amicus brief puts it bluntly,” Gottlieb said. “The ban is unconstitutional.”

 

[Defilade]

The state hasn’t offered any evidence that the banned firearms are not commonly-owned, and the burden of proof falls on the state, he noted.

“The amicus brief puts it bluntly,” Gottlieb said. “The ban is unconstitutional.”

Exactly!!

 

[Deplorable Me]

I'm wondering why this was filed in Massachusetts vs NewYorkistan? Different set of judges vs the libtard activist in the NY courts?

In any event SAF is hitting the system with lawsuits, for those that complain about the NRA, are you an SAF member/contributor?

 

[@thewheels]

Mere seconds to shit all over the constitution and many years to clean it up.

 

[Grimscale]

Mere seconds to shit all over the constitution and many years to clean it up.

Hence why there SHOULD be penalties for politicians that craft Laws that infringe Constitutionally protected Rights, and HEAVY penalties for politicians who KNOWINGLY do so.

 

[@thewheels]

Hence why there SHOULD be penalties for politicians that craft Laws that infringe Constitutionally protected Rights, and HEAVY penalties for politicians who KNOWINGLY do so.

I was going to add something similar myself. Those responsible, held accountable and punished appropriately. Voting them out is insufficient.

 

[Steal2B]

I'm wondering why this was filed in Massachusetts vs NewYorkistan? Different set of judges vs the libtard activist in the NY courts?

In any event SAF is hitting the system with lawsuits, for those that complain about the NRA, are you an SAF member/contributor?

Both states are wrong on 2A in so many ways but maybe it's because Massachusetts has twice the gun ownership rate as NY, in part because of per capita State statistics are impacted by draconian measures in NYC

https://www.google.com/amp/s/www.cbsnews.com/amp/pictures/gun-ownership-rates-by-state/

 

[oc shooter]

not so sure that Mass. has twice the gun ownership of NY our population is so much greater that i would call that into question maybe by percentage but not by shear volume

 

[Bob]

I'm wondering why this was filed in Massachusetts vs NewYorkistan? Different set of judges vs the libtard activist in the NY courts?

The New York AWB has already been ruled upon by the Second Circuit Court of Appeals. NYSRPA discontinued their participation after that ruling, allowing that ruling to stand. There have been no changes to New York's AWB since then that would warrant a new lawsuit.

In 2016, the Massachusetts Attorney General issued a position paper that gave direction to gun dealers and 'clarified' provisions of the Massachusetts AWB. Several organizations in Massachusetts filed suit on this basis. One of the contentions is that the Massachusetts Attorney General is effectively making her own laws and usurping the intent of the legislature.

If you wish to review the case on your own, it is cited as "Worman et al v. Baker"