Gun Control & RKBA
Related: About this forum"Shall-issue" is being challenged in Massachusetts
And not a moment too soon, says I:
http://www.wbur.org/2014/03/04/mass-gun-permit-rules-vary
By Fred Bever March 4, 2014 Updated Mar 04, 2:30 pm
BOSTON As the Legislature takes up reforms to the states gun control laws, policymakers are taking a close look at the authority local police chiefs exercise over gun permits.
While some lawmakers want to expand that authority, courts are raising new legal questions about whether it may be too arbitrary and even unconstitutional...
Hill challenged the license denial in light of a 2008 U.S. Supreme Court decision, District of Columbia v. Heller, which established an individual right to bear arms in cases of confrontation.
Superior Court Judge Richard Moses relied on state law, though, when he found that the license denial was arbitrary, and ordered the police chief to issue it. Still, Judge Moses also repeatedly referenced the federal Heller decision, and Collins, the counsel for the police chief association, says that may be a signal the issue isnt decided.
http://suffolklawreview.org/driscoll-firearms/
by Brian Driscoll
January-17-2012
Category: Notes, Number 1, Print Edition, Volume 45
Article XVII of the Massachusetts Declaration of Rights guarantees a right to keep and bear arms for the common defense. The Supreme Judicial Court (SJC)Massachusettss highest courthas interpreted article XVII as preserving a right to keep and bear arms in connection with service in the militia. Because the SJCs interpretation of article XVII does not protect an individual right to keep or bear arms, the court has granted the Massachusetts General Courtthe states legislative bodywide leeway to craft a broad range of regulations governing gun ownership in Massachusetts. In response, the General Court has enacted a comprehensive regulatory scheme for controlling and licensing firearm ownership in the Commonwealth.
Although many citizens have challenged Massachusettss gun laws as infringing upon their Second Amendment right to keep and bear arms, the SJC has consistently upheld the laws because, until recently, the Second Amendment did not apply to the states. The United States Supreme Courts reticence to incorporate the Second Amendment to apply to the states, coupled with the SJCs interpretation of article XVII, resulted in the routine failure of challenges to the Massachusetts regulatory scheme. After District of Columbia v. Heller and McDonald v. City of Chicago, however, it appears that the times they are a changin. Because of this new definition of the Second Amendments scope of protection, several Massachusetts firearm laws may not survive constitutional challenges in the post-McDonald world. This Note will analyze the impact that these opinions will likely have on the Massachusetts gun regulation landscape. The Note examines a small sampling of laws, including safe-storage requirements, discretionary licensing, and discretionary license restrictions, all of which will almost certainly be subject to constitutional challenges in the near future.
Part II.A of this Note will outline the history of firearm regulation in Massachusetts, beginning with the Massachusetts Declaration of Rights. Part II.B will highlight the laws most vulnerable to challenges after McDonald. Although discussed at length in Part II.B, a brief introduction to some of these vulnerable regulations may be useful at this point. Massachusetts has a discretionary licensing system. A licensing authorityusually the chief of police in each municipalityhas the authority to exercise his or her discretion and deny an otherwise qualified applicant if the licensing authority believes that the applicant is not suitable. A law allowing the discretionary denial of a fundamental right based on undefined notions of suitability, while passing constitutional muster under article XVII, will not likely survive constitutional scrutiny under the Second Amendment following the amendments incorporation after McDonald. . .
http://suffolklawreview.org/wp-content/uploads/2012/12/4-Driscoll_Note_PDF.pdf
IMO, the as-current interpretation of Article XVII in Massachusetts violates the Fourteenth
Amendment as well as the Second.
It's always amused me that the same people who defend Massachusetts' "may-issue" gun
laws would have an aneurysm if some authority figure denied a parade or demonstration
permit due to lack of 'suitability'
Loudly
(2,436 posts)By any means necessary.
smokey775
(228 posts)Define that.
friendly_iconoclast
(15,333 posts)They've also assured us that there is no right to rebel against the government.
I also note that they've yet to guarantee us that said government would then disarm or
wouldn't subsequently misuse their monopoly on force...
smokey775
(228 posts)that the disarming of private citizens and leaving the state armed is a good thing.
Also his "by any means necessary" comment leads me to think he would approve of the violent taking of privately owned firearms.
friendly_iconoclast
(15,333 posts)No doubt sharesunited/Loudly will approve...
smokey775
(228 posts)I thought I read somewhere that Russian troops are the only ones that are now allowed to be armed.
geckosfeet
(9,644 posts)The "by any means" statement is chilling.
smokey775
(228 posts)Would this include use of force to remove firearms from private citizens?
spin
(17,493 posts)If you are rich or famous you should be allowed to own firearms as it is obvious that you have far more need for one than the average citizen who is too poor to live in a crime free area. Since you are rich and famous you obviously must be far more responsible than the average citizen. The cream always rises to the top.
"Shall issue" does not allow for discrimination. "May issue" can and often does. In many states with "may issue" CCW if a black individual with dreadlocks and his pants hung low applied for a license to carry the local police chief might search for a reason to deny it. Obviously such an individual MUST be a criminal. Perhaps the local police chief feels that allowing civilians to carry a firearm in public is a bad idea and that only law enforcement officers should be allowed to carry a firearm in public. He can simply refuse to grant such a license. Consequently a person who lives in a bad neighborhood might be attacked and be unable to mount an effective defense and might end up in a hospital or six feet under.
I agree that only honest, sane and responsible citizens with good training should be allowed to carry in public. I also feel that our current laws in many states could be changed to ensure that as much as possible that only such individuals are granted carry permits.
However I disagree with "shall issue" laws such as exist in New York City. Why should Don Immus, Howard Stern and Donald Trump be allowed to carry a firearm in public while some average person who has far more reason to fear that he might be the victim of a violent attack find the process of obtaining such a permit so expensive or difficult that it is basically impossible? Is Don Immus a better citizen then I am and what does that say about equality in our nation? Donald Trump probably has armed security with him at all times. (Ref: http://gawker.com/5606422/roger-ailes-sean-hannity-can-carry-hidden-guns)
Obviously the gun control movement has little or no chance of eliminating legal concealed carry in our nation. Why give that right only to the rich, the famous and the well connected?
Note that I have absolutely no problem with the fact that Don Immus, Howard Stern and Donald Trump have a carry permit in NYC. I simply feel that if they can, every honest sane and responsible citizen should be allowed the same privilege. Are people in this nation equal or not?
flamin lib
(14,559 posts)friendly_iconoclast
(15,333 posts)flamin lib
(14,559 posts)Does a white cane and service dog have any impact on issuing a permit? If the LEO knows the applicant to be a bully, a drunk and a wife abuser is he obliged to issue under 'shall issue'?
Can't post a link from this tablet but Google news about blind man suing to have guns returned after SYG killing friend and drink in' buddy.
friendly_iconoclast
(15,333 posts)*Americans With Disabilities Act
As for the "bully,..drunk and a wife abuser"- Yes, they are unless the applicant is DQ'd due
to civil commitment for mental health issues or felony and/or domestic abuse convictions
-even scumbags have civil rights
http://en.wikipedia.org/wiki/Miranda_v._Arizona
http://en.wikipedia.org/wiki/Ernesto_Miranda
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=118&topic_id=181522#182329
Response to Reply #129
144. Guess what? Civil rights aren't just for "our sort of people"
There is a very long history in American jurisprudence of people defending the civil rights of
people they wouldn't have over for dinner. Or who wouldn't have *them* over for dinner.
From John Adams (accused British soldiers in the Boston Massacre), to
the ACLU (Illinois Nazis vs. the city of Skokie), to Sabin Willett (prisoners at Guantanamo).
I wouldn't defend Razzano as a person. I would, however, defend his rights no matter how odious his ideologies.
See: Goose and gander, sauce for.
Token Republican
(242 posts)Under a shall issue, there is one set of standards that apply equally. May issue means even if the objective standards are met, you can still be denied for lack of moral character or some other nebulous term, or granted a carry license even if the objective standards are not met, assuming the applicant is not a prohibited person.
LEO's don't determine laws, they simply enforce them. If the objective standards say that anyone who is convicted of being drunk, DWI, DUI, or domestic violence, cannot be issued a carry, then it applies to everyone.
As far as LEO's having this kind of authority, do you mean you'd be comfortable with one of the LEOs in this video
Actually, under a may issue, a nod and a wink and knowing the right connections lets people bypass standards. Carry licenses should not be doled out as political favors.
As far as blind people, yup. Legal blindness doesn't always mean no vision. I think I know the case you are referring to, the legally blind man was entitled to get his guns returned due to the ADA following an acquittal.
flamin lib
(14,559 posts)Dogs. Alrighty then . . .
blueridge3210
(1,401 posts)flamin lib
(14,559 posts)Having been background checked by the FBI, BATF&E, Texas Department of Public Safety, Tarrant county and the city of Arlington I can tell ya' it's not a hardship. On the other hand two people up-thread said in plain language that drunken wife beaters and blind people should be given CCW permits.
Token Republican
(242 posts)So you want to prohibit CCW from anyone accused of a crime even if they are innocent?
I don't follow.
friendly_iconoclast
(15,333 posts)The fact that you lot seem to have a problem with that speaks more about
you than us.
Eleanors38
(18,318 posts)Straw Man
(6,624 posts)No? Didn't think so ...
flamin lib
(14,559 posts)Do you really think a known drunken wife beater should have a gun in public? It's only due process if 'shall issue' replaces 'may issue' taking common sense out of the equasion. It's like zero tolerance or mandatory minimum sentencing but with deadly consequenses.
gejohnston
(17,502 posts)there is no such thing, it simply doesn't exist. Einstein described as the collection of prejudices of accumulated before you turn 18. I call it the first refuge of the intellectually lazy.
In "may issue" the cops often don't care about what the actual need or suitability is. They care about how much money you have. In NYC, you could be a coke head and an alcoholic like Don Imus, you will still get your CCW. If you are not part of the one percent, even though you have been clean and sober your entire life, not happening.
In some California counties, like LA, Orange, Ventura Counties, suitability depends on how much you contribute to the sheriff's re election campaign. Sean Penn, actually has one in LA county. If I had a list of "people who should never own guns or crossbows" his name would be close to the top.
flamin lib
(14,559 posts)gejohnston
(17,502 posts)like I said below, if someone is arrested several times but not convicted, it says more about the PD than the individual. Cops arrest innocent people often, sometimes more than once. For example
http://www.dailykos.com/story/2013/11/30/1259266/-My-Stupid-State-Florida-Police-Arrest-Jail-Harass-Innocent-Black-Man-258-Times#
flamin lib
(14,559 posts)gejohnston
(17,502 posts)the licensing authority? If he is rich and a crony, he will still get his CCW in NY and California. I read quite well, problem is that you are providing a false choice that operates well on paper and in speeches, but has no reverence in the real world.
flamin lib
(14,559 posts)gejohnston
(17,502 posts)if he were known, he would be convicted. I don't know about Texas, but in Florida DV is a crime against the State. which doesn't require her to press charges, and she can not withdraw the charges.
You either need new reading glasses or you not being very honest with yourself about what I said.
Eleanors38
(18,318 posts)Otherwise, to go on what Suzie or Sam says does not afford due process; not exactly vigilante justice, but akin to it.
Straw Man
(6,624 posts)Sounds good to me, especially if the alternative is denial of rights by whim and fiat.
Calling someone a "drunken wife beater" is meaningless in the absence of proof. I could start the same type of rumor about you. If it led to your losing your C&R, would that be "common sense"?
flamin lib
(14,559 posts)If I sell one of my guns to someone I know uses drugs and beats his wife I go to jail but you seem to think a police officer in the same situation must give the same person a CCW.
Blind adherence to a rigid point of view is not indicative of reasonable thought.
gejohnston
(17,502 posts)but in Wyoming, they are issued by the AG. In Florida, they are issued by the Agriculture Dept. (stupid, I know). The difference is, you actually know. The licensing authority really doesn't know. If someone is arrested several times but not convicted of anything, that says more about the PD than the individual.
flamin lib
(14,559 posts)record as being in favor of said drunken wife beater having a CCW. I got that. Over and over. Own it, wear that shirt. You're in favor of arming known drunken wife beaters.
Token Republican
(242 posts)You are saying those in favor of may issue want drunk wife beaters with connections to have CCW?
Just admit it, you want favoritism for the rich and politically connected.
flamin lib
(14,559 posts)everybody below AG Holder and the local animal control officer and it wasn't a hardship. Paranoid delusions about a police state don't make your arguments more credible.
You're on record of issuing CCW to known drunken wife beaters. Own it. Wear it with pride.
Straw Man
(6,624 posts)... is not a "known drunken wife beater" in the eyes of the law.
It's called "due process." Apparently you've never heard of it.
flamin lib
(14,559 posts)Straw Man
(6,624 posts)On what evidence? I can say that anyone I don't like is a "drunken wife beater."
The burden of proof is on the state. It's one of the cornerstones of our democracy.
Niceguy1
(2,467 posts)On "known" absent a conviction and due process is not progressive at all....it is the breeding ground for abuse and discrimination.
I am interested if you are okay with "known" being used in other topics absent of due process?
Token Republican
(242 posts)I don't have the authority to issue CCW.
Nor do I think CCW should be issued to drunken wife beaters.
You are on record for giving them exceptions if they have the money.
gejohnston
(17,502 posts)in a may issue, who has money and is buddies with the licensing authority, he will get it anyway. If you sell a gun to someone who you know to be a wife beating POS, then you are guilty of violating the GCA. If you don't sell him a gun, and don't do anything to help his victim, you are an accessory to his crime of being a wife beating POS.
flamin lib
(14,559 posts)gejohnston
(17,502 posts)Known to whom? Like I said, just because the cops claim something doesn't make it true. Often, they are some of the worst criminals.
You are on record of being an accessory to a crime by doing nothing.
flamin lib
(14,559 posts)friendly_iconoclast
(15,333 posts)You'll need it...
Eleanors38
(18,318 posts)This does not suggest that you might not oppose others as well, but the first statement seems accurate.
BTW, if you KNOW someone is beating his spouse, report it. It's your duty, and may prevent that person from obtaining an arm.
oneshooter
(8,614 posts)Straw Man
(6,624 posts)You are woefully misinformed. You go to jail if the buyer is a "prohibited person," based on prior convictions. This would also mean that the person would be barred from CCW.
flamin lib
(14,559 posts)Straw Man
(6,624 posts)Please enlighten us.
flamin lib
(14,559 posts)Paraphrasing it says that if I knowingly sell to someone who uses drugs or has committed a crime I'm liable for fines and/or jail time. Does not say convicted. So I may sell, not shall sell. I'm expected to use discretion based on my knowledge or suspicion, not a conviction.
Straw Man
(6,624 posts)I would like the actual wording. Then we would have something to discuss. As it is, all we have is what you think you remember.
Allowing the seller of a firearm to use his/her discretion in refusing a sale is not remotely similar to allowing government agencies to deny rights without due process.