Massachusetts Supreme Judicial Court to consider how gun owners store their weapons...

[spin]

The state's highest court will review the validity of a state law that requires gun owners to safely store their weapons. It will be the first test in Massachusetts of a landmark US Supreme Court ruling that Americans have the constitutional right to own guns and stow them as they see fit.

The state Supreme Judicial Court will hear oral arguments Thursday in the case of a Billerica man whose disabled son was accused of shooting a BB gun at a neighbor and who then showed police officers where his father kept other unlocked weapons.

A Lowell District Court judge cited the Supreme Court's ruling in dismissing the case against Richard Runyan of Billerica, who was charged in April 2008 with improperly storing a semiautomatic hunting rifle, a 12-gauge shotgun, and a drawer full of ammunition.

In June 2008, the Supreme Court ruled in District of Columbia vs. Heller that Washington, D.C., which had the nation's strictest gun-control laws, could not require gun owners to keep their weapons disassembled and that the Second Amendment provides individuals the right to keep and bear arms for their personal use.
http://www.boston.com/news/local/breaking_news/2009/11/challenge_to_gu.html

[Statistical]

1. Not seeing how it can possibly be considered in compliant with Heller.

Heller didn't just prohibit mandating firearms be disassembled it also prohibited mandates on locking firearms and/or keeping them unloaded because self defense is a legitimate use of the 2nd.

[damntexdem]

2. So the 2nd Amendment grants the right to store weapons unsafely?

Does it also allow gun owners to discharge their weapons unsafely and negligently?

Given the idiocy in interpretation by RW courts, this country would be so much better off were the Second Amendment to be repealed.

[Jackson1999]

3. Heller was clear....

Trigger locks, or any other requirements that a gun be inoperable in the home are unconstitutional. However, I am surprised the Mass. court is going to take this on at this time. They would be better to punt on it like the 9th circuit did until the Chicago case is heard by SCOTUS.

[Name removed]

6. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Hoopla Phil]

8. Sure beets all the high post count folk that don't know what their talking about.

Oh, and you do realize that it is specifically against D.U. rules to reflect on a persons low post count right?

So did you ever go and check all the citations provided that shows that ammunition is in fact covered under the 2a? LOL

[Name removed]

11. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Hoopla Phil]

13. One out of two questions answered. So I'll repeat. . .

So did you ever go and check all the citations provided that shows that ammunition is in fact covered under the 2a? LOL

I don't think I'll alert on that, if you want to disregard D.U. rules that's pretty much your business.

[Jackson1999]

10. that's it?

1. I never claimed to be an expert, but have read Heller and think I have a pretty good understanding of it.

2. Do you have any argument with what I actually stated? Do you have any insight to offer as to why the Mass court would take this up with a ruling on incorporation of Heller just around the corner? Seriously, I am just looking for the logic.

[Name removed]

14. Deleted message

Message removed by moderator. Click here to review the message board rules.

[GreenStormCloud]

12. How come you vanished from that other thread when I found the updates? N/T

[Hoopla Phil]

27. And *poof* another disappearance. . . . .

[GreenStormCloud]

28. That's the second time he has dissappeared when asked about why he vanished. N/T

[Hoopla Phil]

7. Correct on both points.

[spin]

5. While many liberals feel the same way you do...

the idea of repealing the Second Amendment is currently a practical impossibility.

Obviously your comment:

"Does it also allow gun owners to discharge their weapons unsafely and negligently?"

has nothing to do with the subject.

[friendly_iconoclast]

15. You know, you *could* point out the parts of Heller you object to

It's freely available on the web. Of course, that would entail actually reading it, but it's a small
sacrifice for a good cause, amirite?

[slackmaster]

17. Everything is allowed except that which has been lawfully prohibited by due process, damntexdem

The question at hand is whether or not it is lawful for the state to dictate how you store you personal tools in the privacy of your own home.

[benEzra]

22. Some define "readily accessible by an adult for lawful defensive use" as "unsafe."

That is the root of the disconnect.

[SteveM]

26. Given the clinical firearm disablement in pre-Heller D.C., (non)self-defense is core (nt)

[beevul]

23. The second amendment grants nothing.

Amendment 2 PROTECTS a right - from the government.

Do you claim otherwise?

[X_Digger]

4. Until incorporation..

.. if this case gets decided before the Chicago case in the SCOTUS, it'll go in favor of Mass. Assuming the Chicago case leads to incorporation, it'll get affirmed for Runyan.

[paulsby]

18. not necessarily

more correctly, the mass supreme court will decide based on the MASS state constitution, since heller has yet to be incorporated.

it does not mean their decision will necessarily go in favor of the state.

needless to say, the state supreme court (just like the federal one) often rules against certain uses of state power.

[X_Digger]

19. True, true..

You stated it better.. there's no reason for Heller to apply as precedent to the state until incorporation.

Honestly I think a judge jumped the gun (pun intended) by dismissing the charged based on Heller, if indeed he did.

[JonQ]

9. I imagine at some point they will insist

"privately owned" guns be stored at the local police station, with owners having to file get written permission from the court before taking them out (under supervision) to a government run shooting range for a set period of time, firing nothing larger than a 22.

If you can't strip away a right wholesale then simply erode it away until it is meaningless.

By the way, when do we start having to register our computers, radios, tvs, typewriters and the rest with the government? Not so they can be banned of course, but to ensure responsible usage.

[Hoopla Phil]

16. Regarding computer registering: Have you heard of a MAC address?

Do a little research and you may be shocked.

[OttavaKarhu]

20. How would this be enforced?

Does this mean the State of Massachusetts could therefore, for instance, conduct random searches of lawful/registered CC people in their homes?

I mean, apart from this just being stupid (what the hell use is a firearm if you can't get at it when you need it)?

[spin]

21. But if you do use your firearm for justified self defense...

and they find evidence that you didn't have it stored properly - they might prosecute you.

[OttavaKarhu]

24. Understood/agreed

Like the trigger lock law used to nail those guys in the Bay Area recently--SF dropped the ball, an SFPD gang detective dropped a dime to the feds, the feds stepped in.

But I sense something a bit more...activist...in this sort of law. It being MA and all.

Will await more thoughts before commenting. Thanks, spin.

[Katya Mullethov]

25. Under the seat of your car is apparently just fine

If you are an organ of the state .

[Remmah2]

29. Storage

If we're "storing" them, then they can not be "beared". Mandatory storage = infringement.

[spin]

30. I store my defense guns in a safe...

that has a one number combination.

I can have my firearm in my hand in less than 3 seconds. It's setting 2 feet from me right now.