Massachusetts Supreme Court Rules 2nd Amendment Does Not Apply to States

Militant Libertarian - The right to bear arms as defined in the Second Amendment does not apply to the states, so Massachusetts can regulate who can have firearms and how those weapons are to be stored, the state’s high court ruled Wednesday.

The Massachusetts Supreme Judicial Court unanimously dismissed two challenges to the state’s gun laws that require citizens to register with police departments before acquiring a firearm, as well as keeping guns stored in a locked container or equipped with a trigger lock.

The court upheld the conviction of Nathaniel DePina, a New Bedford man who is serving a two-year jail sentence for carrying an illegal firearm. His lawyer, Paul Patten of Fall River, challenged the conviction on the grounds that the state’s gun licensing laws were unconstitutional.

Patten said the Supreme Judicial Court missed an opportunity to contribute to the debate surrounding the Second Amendment.

“I think they could have at least given some guidance on the issue,” Patten said. “This leaves all the main questions unanswered.”

Meanwhile, law enforcement officials and gun control advocates praised the ruling...

"We conclude that, based on current federal law, the Second Amendment does not apply to the states, either through the 14th Amendment's guarantee of substantive due process or otherwise," he said.

"The defendant's challenge likewise fails under our Massachusetts Constitution, which recognizes no individual right to keep and bear arms."

Jim Wallace, president of the Gun Owners Action League, a gun rights organization, decried the judge's ruling.

"What a mess. It's very clear to me that Justice Gants did not actually read the Heller decision," he said.

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