By Free Republic | Created at 2024-09-24 12:59:23 | Updated at 2024-09-30 17:23:17
6 days ago
Massachusetts Supreme Court Moves Forward With Cross Border Carry Case
AmmoLand ^ | September 19, 2024 | Dean Weingarten
Posted on 09/24/2024 5:37:27 AM PDT by marktwain
On September 9, 2024, the Massachusetts Supreme Court held oral arguments in the cases of Commonwealth v Donnell. Another similar case in which a New Hampshire citizen worked in Massachusetts, Marquis, was consolidated with the Donnell case. Both cases involve New Hampshire citizens who had firearms in their automobiles in Massachusetts
The case concerns whether Massachusetts can impose undue burdens on people from out of state who can legally carry weapons in their home state. It appears the court has received all the arguments in this case and will now consider them and file an opinion and order. It is not known what the process will take. In the case of Commonwealth v Canjura, the Massachusetts Supreme Court heard oral arguments on December 4, 2023, and issued their decision on August 27, 2024, a period of nine months. If the same time is used for the Donnell case, we may see an opinion issued in June of 2025. The decision would straddle the presidential election.
Commonwealth v Canjura was decided by a unanimous Massachusetts Supreme Court, which did a good job following the guidance issued by the US Supreme Court in the Heller, McDonald, Caetano, and Bruen decisions. All of the Massachusetts Supreme Court Justices who sat on the Canjura case are sitting on the Donnell case. One more Supreme Court Justice has been added to the Donnell case, Justice Gabriella Wolohojian, appointed by Governor Healy in April of 2024.
As considered in a previous AmmoLand article, a number of high-powered amicus briefs have been filed in this case. From August 19 to September 9, the Massachusetts Association of Criminal Defense Lawyers, the CATO Institute, the Attorney General of the State of New Hampshire, and the New Hampshire Firearms Coalition filed additional
(Excerpt) Read more at ammoland.com ...
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KEYWORDS: 2a; banglist; court; ma
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This case may end up at the Supreme Court. The judges were clear: the implication is forced reciprocity for all states.
1 posted on 09/24/2024 5:37:27 AM PDT by marktwain
To: marktwain
To be clear, the case is at the Massachusetts supreme court. It may end up at the US Supreme Court.
2 posted on 09/24/2024 5:38:56 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
To: marktwain
Of course there should be reciprocity...The Bill of Rights is for everyone.
3 posted on 09/24/2024 5:41:16 AM PDT by Sacajaweau (mY)
To: Sacajaweau
At the oral arguments, you could see the Justices trying to grapple with this. It appeared to me they were trying hard to figure a way out of doing their duty.
The impression was, they did not want to be the ones who made the decision that Second Amendment rights crossed state lines. However, they were good at being poker-faced. I don't expect a decision for at least six months. The decision may depend on who wins the election for President.
4 posted on 09/24/2024 5:52:50 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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