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March 11, 2013

Suit Challenges Massachusetts' Arbitrary Gun Permitting Scheme

[Bumped by DrewM. I didn't mean to step on this earlier. Just keeping things running like Ace would want until he gets here.]

It's about time!

Six Massachusetts residents, backed by a gun-rights group, are suing four police chiefs, claiming restrictions they place on gun licenses violate their Second Amendment rights.

A state law allows police to issue licenses to carry guns with restrictions limiting their use for sporting reasons, hunting or target practice. The federal lawsuit filed by Commonwealth Second Amendment Inc. claims those restrictions prevent gun owners from using or carrying handguns for protection.

The suit says policies on when to issue restrictions vary widely from town to town. Some communities refuse to issue licenses to carry guns without restrictions, while others issue some license without restrictions, but only if the applicants establish that they have a pronounced need to carry a gun, the lawsuit says. Still other towns issue licenses without restrictions.

When I moved to MA, one of the considerations on which town to live in was the attitude of the local police chief with respect to the second amendment. This was pre-Heller & McDonald so you just had to shrug your shoulders and go with it, but after McDonald I said there's no way these arbitrary "may issue" schemes can stand. We'll see now.

(via Michael Graham)


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posted by Andy at 12:15 PM

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