The Second Amendment Law Center is preparing to file an amicus brief in the case of Commonwealth v. Donnell, a criminal matter in Massachusetts state court that represents a chance to score a major victory for nonresident carry rights.
The defendant, New Hampshire resident Dean Donnell, was charged with carrying a firearm without a license in Massachusetts. Donnell brought a motion to dismiss, arguing that Massachusetts law barring carrying without a license is unconstitutional, at least as it applies to him.
The trial court granted Donnell’s motion, ruling that “a law-abiding resident of New Hampshire who is exercising his Constitutional right should not become a felon by exercising that right while he is traveling through Massachusetts merely because he has not obtained a Massachusetts license to carry…This Court can think of no other constitutional right which a person loses simply by traveling beyond his home state’s border…”
The State appealed, and in a rare move, the Massachusetts Supreme Judicial Court (the State’s highest court) opted to take the case directly instead of having it go through a usual appeals process. Then, earlier this year, the Court asked explicitly for amicus briefs, announcing as follows:
“The Justices are soliciting amicus briefs. Whether the district court judge erred in concluding pursuant to New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 10 (2022), that G. L. c. 269, § 10 (a), and G. L. c. 140, § 131F, violated the defendants’ constitutional rights to equal protection and interstate travel, as well as their rights under the Second Amendment to the U.S. Constitution, where the defendants were non-residents of Massachusetts charged in Massachusetts with carrying a firearm without a license, where the defendants could legally possess a firearm in their home State, and where there is no evidence that they applied for any license pursuant to the Massachusetts firearms licensing laws.”
So far, the Giffords Law Center (joined by Brady) has submitted a brief making a substantive Second Amendment argument. The Second Amendment Law Center believes strongly that this Court must hear the perspective of those who defend the right to keep and bear arms. Moreover, as a State Supreme Court, its rulings are directly appealable to the Supreme Court, so that could be the next step.
The out-of-state resident public carry issue is important and is a central issue in other cases around the country, including the California case of CRPA v. LA Sheriff’s Department, brought by our friends at the California Rifle & Pistol Association.
In short, this is a case with far-reaching implications and WE NEED YOUR HELP! Please subscribe for further updates and DONATE to help us get this brief filed!
About Second Amendment Law Center
Our mission at the Second Amendment Law Center is to protect and enforce the Second Amendment’s solemn command that our government never unduly restrict law-abiding individuals from responsibly possessing and carrying firearms and other arms for sport, hunting, self-defense, and other lawful purposes.
Immunities Clause US Constitution
Article 4, Section2, First Sentence
“The Citizens of Each State shall be entitled to ALL Priviledges and Immunities of Citizens in the several States.”
Fairly simple and one of the reasons that the 1833 Barron V. Baltimore Decision was incorrect. Simply stated; The Constitution is a Compact of the Several States. Thus, they were contractually obligated to uphold the Constitution as written not morally interpreted. Incorporation ensued and only for certain Bill of Rights enumerations as they saw fit. Sound Familiar? Even after the 13th Amendment we are divorced from certain rights as they see fit.
Mea Culpa, I meant 14th Amendment
Presumably you reference the second sentence of Section 1. of the 14th which in its entirety reads: “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” As… Read more »