Bruen<\/em>.<\/p>\nUnder state law, it is illegal for licensed firearms dealers to transfer a handgun if, among other things, it lacks a tamper-resistant serial number, is made of a metal that does not meet certain melting point, tensile strength, or density requirements, lacks a safety device that prevents unauthorized use of the firearm, lacks a mechanism to preclude an average five-year-old child from operating the handgun, including but not limited to a trigger resistance of at least a 10-pound pull, an altered firing mechanism for which a five-year-old\u2019s hands would be too small to operate the handgun, or requiring a series of multiple motions to fire the handgun, and lacks a load indicator or magazine safety disconnect, if it is a semiautomatic handgun. That law obviously outlaws many of the most popular striker-fired handguns on the market today popular for self-defense and other legal purposes.<\/p>\n
In its motion, FPC laid out the key elements of the case in the very first paragraph.<\/p>\n
\u201cThe Supreme Court has repeatedly explained that handguns are \u2018arms\u2019 that are indisputably in \u2018common use\u2019 for self-defense today [and] are, in fact, \u2018the quintessential self-defense weapon,\u2019\u201d the motion began. \u201cAs such, ordinary semi-automatic handguns and revolvers are categorically protected and cannot be banned. In direct defiance of this precedent, Massachusetts has closed its borders to large portions of the modern handgun market, banning as \u2018unsafe\u2019 many of the firearms that are most trusted by the American people across the country, substituting its judgment for theirs. That it cannot do. As Heller<\/em> explained clearly, it is the choices of \u2018the American people\u2019 that matter in deciding what is and what is not \u2018in common use\u2019 and, therefore, protected.<\/p>\nIn fact, the FPC argued in its brief that the law so clearly violates the Second Amendment rights of state residents that the second Bruen<\/em> principle\u2014historical precedent\u2014need not even be considered.<\/p>\n\u201cThere is, therefore, no need to do any original historical analysis to resolve this case\u2014it can be resolved on binding Supreme Court precedent alone,\u201d the motion stated. \u201cTo the extent that this Court reviews additional historical evidence that the Commonwealth may present, the result is the same. Heller<\/em> already reviewed the relevant historical landscape and reduced it to an easily applicable principle: arms in common use cannot be banned. The Commonwealth will not be able to turn up any historical tradition that would contravene that principle.\u201d<\/p>\nFPC President Brandon Combs said in a news release announcing the court action that Massachusetts state leaders must realize that the Constitution applies to them just like it does other states.<\/p>\n
\u201cThe Commonwealth of Massachusetts is not exempt from the United States Constitution, and it cannot ban the sale of common handguns, full stop,\u201d Combs said. \u201cWe look forward to eliminating this ban and continuing our progress and work restoring the right to keep and bear arms in Massachusetts and throughout the country.\u201d<\/p>\n<\/p><\/div>\n
\n
Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The popular Glock 19 is just one of many popular handguns that Massachusetts residents are not permitted to purchase. The Firearms Policy Coalition (FPC) is once again in the courtroom fighting for the Second Amendment rights of Americans. On Tuesday, the organization filed a motion for summary judgment in a lawsuit challenging the constitutionality of […]<\/p>\n","protected":false},"author":1,"featured_media":4438,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4437","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4437"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4437\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4438"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![<\/a>The popular Glock 19 is just one of many popular handguns that Massachusetts residents are not permitted to purchase.<\/figcaption><\/figure>\n<\/div>\nThe Firearms Policy Coalition (FPC) is once again in the courtroom fighting for the Second Amendment rights of Americans. On Tuesday, the organization filed a motion for summary judgment in a lawsuit challenging the constitutionality of Massachusetts\u2019 ban on several modern handgun models.<\/p>\nIn Granata v. Campbell,<\/a><\/em>\u00a0FPC\u2019s motion argues that the commonwealth\u2019s ban on many common handguns, including the ubiquitous Glock 19, runs afoul of the Second Amendment when examined under the precedents set in Heller<\/em> and Bruen<\/em>.<\/p>\nUnder state law, it is illegal for licensed firearms dealers to transfer a handgun if, among other things, it lacks a tamper-resistant serial number, is made of a metal that does not meet certain melting point, tensile strength, or density requirements, lacks a safety device that prevents unauthorized use of the firearm, lacks a mechanism to preclude an average five-year-old child from operating the handgun, including but not limited to a trigger resistance of at least a 10-pound pull, an altered firing mechanism for which a five-year-old\u2019s hands would be too small to operate the handgun, or requiring a series of multiple motions to fire the handgun, and lacks a load indicator or magazine safety disconnect, if it is a semiautomatic handgun. That law obviously outlaws many of the most popular striker-fired handguns on the market today popular for self-defense and other legal purposes.<\/p>\nIn its motion, FPC laid out the key elements of the case in the very first paragraph.<\/p>\n\u201cThe Supreme Court has repeatedly explained that handguns are \u2018arms\u2019 that are indisputably in \u2018common use\u2019 for self-defense today [and] are, in fact, \u2018the quintessential self-defense weapon,\u2019\u201d the motion began. \u201cAs such, ordinary semi-automatic handguns and revolvers are categorically protected and cannot be banned. In direct defiance of this precedent, Massachusetts has closed its borders to large portions of the modern handgun market, banning as \u2018unsafe\u2019 many of the firearms that are most trusted by the American people across the country, substituting its judgment for theirs. That it cannot do. As Heller<\/em> explained clearly, it is the choices of \u2018the American people\u2019 that matter in deciding what is and what is not \u2018in common use\u2019 and, therefore, protected.<\/p>\nIn fact, the FPC argued in its brief that the law so clearly violates the Second Amendment rights of state residents that the second Bruen<\/em> principle\u2014historical precedent\u2014need not even be considered.<\/p>\n\u201cThere is, therefore, no need to do any original historical analysis to resolve this case\u2014it can be resolved on binding Supreme Court precedent alone,\u201d the motion stated. \u201cTo the extent that this Court reviews additional historical evidence that the Commonwealth may present, the result is the same. Heller<\/em> already reviewed the relevant historical landscape and reduced it to an easily applicable principle: arms in common use cannot be banned. The Commonwealth will not be able to turn up any historical tradition that would contravene that principle.\u201d<\/p>\nFPC President Brandon Combs said in a news release announcing the court action that Massachusetts state leaders must realize that the Constitution applies to them just like it does other states.<\/p>\n\u201cThe Commonwealth of Massachusetts is not exempt from the United States Constitution, and it cannot ban the sale of common handguns, full stop,\u201d Combs said. \u201cWe look forward to eliminating this ban and continuing our progress and work restoring the right to keep and bear arms in Massachusetts and throughout the country.\u201d<\/p>\n<\/p><\/div>\n\nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The popular Glock 19 is just one of many popular handguns that Massachusetts residents are not permitted to purchase. The Firearms Policy Coalition (FPC) is once again in the courtroom fighting for the Second Amendment rights of Americans. On Tuesday, the organization filed a motion for summary judgment in a lawsuit challenging the constitutionality of […]<\/p>\n","protected":false},"author":1,"featured_media":4438,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-4437","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4437"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/4437\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/4438"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}](\"https:\/\/cdn0.thetruthaboutguns.com\/wp-content\/uploads\/2017\/03\/glock-g19-gen5-feat-1.jpg\"){kind=link}