PDA

View Full Version : Commonwealth of Massachusetts vs. Bolduc


Peragro
03-27-2009, 1:42 PM
I found this (http://volokh.com/posts/1238111035.shtml) an interesting read (I searched and nothing appeared on this forum under Bolduc). Specifically this bit which states that the Mass. court applied Heller to State law. Any thoughts on how this helps incorporation, if it does?

According to a Massachusetts Lawyers Weekly article notes that Massachusetts courts seem split on this. It also reports that the prosecutor "agreed with [Judge] Lynch's analysis and decided not to appeal. 'I've read the Heller case,' he says. 'Judge Lynch read the Heller case, and the Heller case seems to say very clearly that these kinds of blanket restrictions are unconstitutional.'"

Interestingly, the court seemed to assume that the Second Amendment applies to state laws -- what lawyers call the "incorporation" issue -- which is something Heller pointedly declined to resolve.

hoffmang
03-27-2009, 8:42 PM
It helps. You can see that quite a few judges are smart enough to realize that incorporation should be a foregone conclusion.

-Gene