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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 04-15-2011, 9:29 AM
N6ATF N6ATF is offline
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Default SAF sues over Mass. gun ban for legal alien residents

http://saf.org/viewpr-new.asp?id=354
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For Immediate Release: 4/15/2011

BELLEVUE, WA – The Second Amendment Foundation today filed a federal lawsuit challenging a law in the Commonwealth of Massachusetts that denies legal resident aliens the licenses required to possess a handgun in the home for self-defense, or purchase any kind of firearm.

The lawsuit was filed in U.S. District Court for the District of Massachusetts. Joining SAF in this lawsuit are Commonwealth Second Amendment, a Massachusetts grassroots organization, and two British citizens who reside in the commonwealth. They are represented by attorney Joseph M. Hickson III of Springfield. Defendants are Cambridge Police Commissioner Robert C. Haas, Northboro Police Chief Mark k. Leahy and Jason A. Guida, director of the Firearms Records Bureau in Chelsea.

The lawsuit alleges that Christopher M. Fletcher of Cambridge and Eoin M. Pryal of Northboro – both legal resident aliens – have been specifically denied the ability to obtain a Firearms Identification Card or a License to Carry of any kind. Before moving to Massachusetts, Fletcher lived in California, where he had a Basic Firearms Safety certificate and Handgun Safety certificate, which allowed him to purchase and own firearms including handguns. Pryal, who is married to a citizen of this country, and had a shotgun certificate and international dealer’s license while living in the United Kingdom.

“One of the fundamental principles in this country is that people have rights,” said SAF Executive Vice President Alan Gottlieb. “Among those rights is the right of self-defense, especially in one’s own home. Christopher Fletcher and Eoin Pryal live here legally, they have been firearms owners, they are productive members of the community, yet they are being denied a basic right by the Commonwealth of Massachusetts. This is wrong and our court challenge aims to correct that.”

“This lawsuit truly illustrates the contradictory and irrational nature of the Commonwealths’ firearms laws,” Comm2A President Brent Carlton added. “Governor Deval Patrick’s administration has broadly supported the immigrant community and noted our dependence on them for our continued prosperity while Massachusetts law treats those same individuals as inherently dangerous enough to justify their exclusion from certain fundamental rights protected by the Constitution of the United States. This blanket prohibition runs contrary to the equal protection clause of the Fourteenth Amendment and today’s challenge is supported overwhelmingly by well-established legal precedent.”
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Old 04-15-2011, 9:35 AM
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armygunsmith armygunsmith is offline
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Nice! I wonder how long that restriction had been on the books.
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Old 04-15-2011, 9:38 AM
krucam krucam is offline
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Fresh off the heals of a 'Legal Resident' prohibition case in South Dakota...
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Old 04-15-2011, 10:01 AM
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Gray Peterson Gray Peterson is offline
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This will be the first of many suits on alienage that is to come. I'm proud to have been part of the formation of this case insofar as "Giving the idea".

Great thanks goes out to Comm2A to putting this all together.

For RECAPers:

1:11-cv-10644-MBB Fletcher et al v. Haas et al
Marianne B. Bowler, presiding

http://ecf.mad.uscourts.gov

Last edited by Gray Peterson; 04-15-2011 at 10:11 AM..
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Old 04-15-2011, 12:36 PM
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yellowfin yellowfin is offline
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I was just talking to Brent yesterday. VERY sharp guy with a good strategic mindset. There is a LOT that's going to be corrected in Massachusetts via the courts. According to him MA has some more nasty stuff than even CA has come up with. I'll let him tell you what he thinks is worth telling about before suing them over it, but suffice it to say I wouldn't recommend moving from CA to MA thinking it's an improvement.
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In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
Discretionary Issue is the new Separate but Equal.
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Old 04-15-2011, 12:42 PM
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MA has some nasty laws. There is a NH activist facing like 2.5 years minimum (felony) bc the cops found ammo in his motor home without a firearms license. No guns.....just ammo.
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Old 04-15-2011, 1:16 PM
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Quote:
Originally Posted by yellowfin View Post
I was just talking to Brent yesterday. VERY sharp guy with a good strategic mindset. There is a LOT that's going to be corrected in Massachusetts via the courts. According to him MA has some more nasty stuff than even CA has come up with. I'll let him tell you what he thinks is worth telling about before suing them over it, but suffice it to say I wouldn't recommend moving from CA to MA thinking it's an improvement.
Yup, Brent and the rest of the Comm2A guys are good people.

MA and CA are a tossup, IMO. Our AWB and hi-cap ban aren't as bad, but our handgun sales regs are a nightmare and permits for handgun *ownership* are discretionary.

I'm glad that thanks to Comm2A both states have 'the right people' working on it.
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