Delaware Concealed Carry Forum
October 19, 2018, 02:00:43 PM *
Welcome, Guest. Please login or register.

Login with username, password and session length
News:
 
   Home   Help Search Login Register  
Pages: [1]
  Print  
Author Topic: Now Boston -- U.S. court weighs challenge to Boston gun restrictions  (Read 111 times)
MarkB
Life Member
*****
Posts: 374



« on: July 26, 2018, 06:22:26 PM »

The 1st U.S. Circuit Court of Appeals in Boston is hearing another case that claims the Second Amendment allows for the carrying of firearms outside the home.

https://www.yahoo.com/news/u-court-weighs-challenge-boston-gun-restrictions-184656531.htm
Logged

NRA Benefactor Member
USCG, 1963-1967, GM-3
Clarence
Life Member
*****
Posts: 1058


Liberty and Independence


« Reply #1 on: July 26, 2018, 07:56:23 PM »

Dead link😕
Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
MarkB
Life Member
*****
Posts: 374



« Reply #2 on: July 26, 2018, 08:03:12 PM »

Not sure what happened but here is the text.

BOSTON (Reuters) - A federal appeals court on Wednesday weighed whether the U.S. Constitution guarantees a right to carry guns in public for self-defense in a lawsuit challenging the firearm licensing policies of two Massachusetts municipalities including Boston.

The arguments before the 1st U.S. Circuit Court of Appeals in Boston marked the latest instance in which a federal appeals court has weighed the extent the Constitution's Second Amendment protects the right to carry firearms outside of a person's home.

The extent of the right to gun ownership is one of the most hotly contested debates in the United States, which has seen a steady stream of mass shootings in recent years.

Gun-rights activists hope that appellate court rulings prompt the U.S. Supreme Court to take up its first major gun rights case since 2010.

David Thompson, a lawyer for the gun-rights organization Commonwealth Second Amendment, in court argued Boston and Brookline had imposed an unconstitutional requirement that firearm license applicants to prove they had a specific reason to fear violence.

"I don't believe there's any historical law from the time of the founding that imposed on law-abiding citizens the need to prove to the government that they had some concern about their safety," he argued.

He cited a 2008 ruling in which the Supreme Court held the Second Amendment guaranteed a right to keep a handgun in one's home for self-defense.

But lawyers for Boston and Brookline urged the three-judge panel to affirm a ruling from December that held that the restrictions do not violate the right of citizens to bear arms under the Second Amendment.

They argued Thompson was wrong in contending the policies amounted to a flat ban on carrying handguns in public as a quarter of applicants had obtained unrestricted licenses, a fact U.S. Circuit Judge Bruce Selya noted.

    "It provides open opportunities for people to be able to carry," Selya said.

The arguments came after a different federal appeals court on Tuesday in a case involving Hawaii held the Second Amendment guarantees a right to carry a gun in public for self-defense, joining two other circuit courts that have ruled on the issue.

Three others have reached contrary conclusions, creating a split that could prompt the Supreme Court to intervene.

Republican President Donald Trump is seeking to fill a vacant Supreme Court seat and make the court more conservative, raising the prospect it may take up more gun-rights cases.


Logged

NRA Benefactor Member
USCG, 1963-1967, GM-3
Pages: [1]
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.19 | SMF © 2013, Simple Machines Valid XHTML 1.0! Valid CSS!