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Possible incorporation case in Massachussetts


It's not a great case.  According to the article, the police were called because a Down's Syndrome child was shooting at his neighbors with a BB gun.  The child let the police into the house, where the police located the parent's firearms.  The firearms were not secured as required by state law, and the owner's firearm identification card had expired. 

The owner is challenging the safe-storage and registration provisions of the law under Heller v DC.  The lower court dismissed the charges, and the prosecutor is appealing.
Leone's office filed an appeal in the state appeals court, disputing a Lowell District Court decision to dismiss gun charges against a Billerica man for improperly storing a firearm and possessing a firearm without a valid firearm identification card.
If the Supreme Court takes this case, it will present a fairly negative portrayal of gun owners. I don't know if a decision has been published in this case, so it's unclear if the decision touches on incorporation at all. I will try to find one.

It's not the only case like this in Massachusetts that has been dismissed.

Between the cases in the 7th Circuit, 9th Circuit, and this one in the 1st Circuit, I think that a Supreme Court case to resolve the split is probably inevitable.  The question is, which case will the justices pick?

This entry was published 2009-05-28 01:40:18.0 by matthew@triggerfinger.org and last updated 2009-05-28 01:40:18.0. [Tweet]

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