Massachusetts Supreme Court rules 2nd Amendment does NOT apply to states

[ericire12]

Yeah, we'll see how long that one lasts

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20100311/NEWS/3110340

[PegLeg45]

FTA:

On Wednesday, Massachusetts Justice Ralph Gants said the Heller decision did not have any bearing on state law.

"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."

WTF?

[SwoopSJ]

No offense to any DRTVrs that call Mass. home, but MA should drop the M from their state name to better reflect the politics there.   

Swoop

[Timothy]

No offense to any DRTVrs that call Mass. home, but MA should drop the M from their state name to better reflect the politics there.   

Swoop

No offense taken Swoop.  There are only a few of us and I don't think any of us were born here.  Even after 30 years, I still consider myself a Michigander!

[twyacht]

I just don't really know what to say,... Does the Justice believe the OTHER amendments pertain to State Law???

So the State Constitutions, can pick and choose which amendments can be applied?

(I feel profanity restrictions coming)...

 

[Sponsor]

[Timothy]

I just don't really know what to say,... Does the Justice believe the OTHER amendments pertain to State Law???

So the State Constitutions, can pick and choose which amendments can be applied?

(I feel profanity restrictions coming)...

 

From the Mass Constitution..

"Article XVII. The people have a right to keep and to bear arms for the common defense. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it."

Unless and until the SCOTUS incorporates the 2A, this is what we live with in Assachusetts!

[garand4life]

$#*$ Justice Ralph Gants and the horse he rode in on!!!! ,,i,,

[fightingquaker13]

Folks should not get excited over this. Its Federalist 51 in action. Nobody likes someone telling them what to do. Here the Mass. SC doesn't want the feds interferring with their perogatives. Its kind of Ironic given that the Commonwealth damn near went to war with SC (regardless of Federal policy) over slavery and the treatment of abolitionists in the 1850's. Al the while (correctly) citing the Bill of Rights as their causus belli. Still, as amusing as that war would have been (from a safe distance) Madison anticipated this long ago. Justice Gants is doing what any other bureaucrat  would do. Thing is, he is about to get reminded of who the big dog in the yard is. He is however, an indication that McDonald is just one step on a very long road. They will resist every step of the way.
FQ13

[tombogan03884]

 Look at DC, they are STILL fighting the Heller ruling.


It is important to remember that most of the 13 original colonies had their State Constitutions written by and for wealthy business men and large land holders.
NH was lucky, our convention contained enough Portsmouth merchants to make sure the spelling was right, and enough Yankees from the sticks to protect not only our right to arms but our right to use them on our own government as needed.