Posted on 11/04/2009 1:15:54 PM PST by neverdem
lredmond@lowellsun.com
BOSTON -- As a Billerica gun case heads to the state's highest court next week, the Brady Center to Prevent Gun Violence, the International Brotherhood of Police Officers, Police Chiefs and other high-profile groups are urging the Supreme Judicial Court to reject the constitutional challenge to the state's safe firearm-storage law.
The groups are joining with Middlesex District Attorney Gerard Leone, who is challenging a Lowell District Court judge's ruling that dismissed a gun-storage case against Richard Runyan, a Billerica man who kept an unlocked semiautomatic hunting rifle under his bed where it could be accessed by his teenage son.
Arguments are scheduled to be heard Thursday.
State law requires stored firearms be secured in a locked container or equipped with a tamper-resistant safety device, except when "carried by or under the control of the owner or other lawfully authorized user."
The law is intended to ensure that irresponsible people do not gain access to firearms and to minimize the risk of accidental discharge.
A Lowell District Court trial judge held that the statute impermissibly interfered with Runyan's Second Amendment right to keep a weapon for self-defense in the home.
In May 2008, the Supreme Court had ruled in Washington, D.C., vs. Heller that city bans on handguns and a trigger-lock requirement were unconstitutional. The decision was applauded by gun advocates as a protection of Second Amendment rights.
The decision noted that Massachusetts' law mandating lock boxes or trigger locks that render the gun inoperable to use for self-defense would frustrate the owner's ability to immediately access an operable weapon.
But Leone argues Massachusetts law does not ban the possession of functional firearms, only improper storage.
An amicus brief, which supports Leone's argument, has been submitted to the SJC and signed by: the Brady Center to Prevent Gun Violence, a nonprofit group dedicated to reducing gun violence; the International Brotherhood of Police Officers; Legal Community Against Violence; Massachusetts Chiefs of Police; Massachusetts Million Mom March Chapter of the Brady Campaign to Prevent Gun Violence; and Stop Handgun Violence.
Attorney General Martha Coakley and Suffolk County District Attorney Daniel Conely have submitted separate briefs supporting Leone's stance.
In the brief, the groups agree that Massachusetts' gun-storage law is a "life-saving gun-safety law that protects children and others from gun deaths and injuries, while still allowing a gun owner or authorized user to use the firearm in self defense.''
The brief cites the National Center for Injury Prevention and Control as saying as a result of the law, Massachusetts has achieved the lowest gun-death rate of any state in the United States.
In the Heller decision, the Supreme Court struck down the District of Columbia's gun laws because they broadly barred handgun possession and prohibited use of a firearm in the home, even for self-defense.
The Supreme Court ruled that law-abiding citizens have a Second Amendment right to possess a firearm in the home for self-defense, but cautioned that this right is nonunlimited, and it is not a right to keep a gun in any manner whatsoever.
But the amicus brief claims the Lowell District Court judge erred by being "unable to distinguish" the requirement that a gun be safely stored ... from the District of Columbia's total ban on handgun possession or use in the home.
In the brief, the groups argue that Massachusetts' safe gun storage law is a "vital gun-safety law'' that does not infringe of the Second Amendment rights recognized by the Supreme Court.
Yeah, because a locked gun is great for self defense.
Color me curious, but I’d sure like to know how they found out that the guy kept his gun under his bed. Nothing says the son took it—so how did anyone even know about it?
Are these organizations run by useful idiots or are they front groups for certain unions (SEIU) that have been identified as being run by communists? This is simply feel good legislation designed to insure that they can charge any citizen who defends themselves at home. Clearly, if you have time to call 911, retrieve, assemble and load your firearm before identifying and neutralizing the imminent threat. The threat isn’t imminent and you have attacked this poor trespasser with lethal force.
Seeing that the town of Billerica has a section called “Crimehurst”. I’d keep a shotgun under the bed as well.
Seeing that the town of Billerica has a section called “Crimehurst”. I’d keep a shotgun under the bed as well.
“The Supreme Court ruled that law-abiding citizens have a Second Amendment right to possess a firearm in the home for self-defense, but cautioned that this right is nonunlimited, and it is not a right to keep a gun in any manner whatsoever.”
“nonunlimited”?????????????? I lived in Lowell, MA for 3 years while in college before escaping to NH. This is exactly the kind of grammer that I would expect from the Lowell Sun. Sheesh!
>>In the brief, the groups agree that Massachusetts’ gun-storage law is a “life-saving gun-safety law that protects children and others from gun deaths and injuries, while still allowing a gun owner or authorized user to use the firearm in self defense.’’<<
These folks seem to have the misguided impression that the preservation of life is a higher principle than the preservation of freedom.
Thanks—I didn’t see that anywhere.
‘Just a minute, Mr. Burglar/Would-be Murderer, hang on while I dig out my defensive weapon. Oh... uh... where did I put that key...’
Alas, this is but a small PART of Massachusetts’ weapons madness.
I was wondering the same thing myself! We’ll be affected by this because we’re fixing to apply for a Class A License to Carry, here in MA. The State has a ‘may carry’ law that gives the local Police Chief the right to say yea or nay to the Class A designation, which is the least restrictive. Fortunately, according to the guy who taught our Firearms Safety Class, our town’s Chief is one of the more accommodating in the area, and the course we took gave us both the certificates we need to apply for the Class A.
We’re gonna get the kind of gun safe that works on fingerprint ID. No having to fool with keys in the clutch. ;o)
Let’s hope it works right when you need it...
LOL! That’s what I told my instructor when he handed us our MA State Trooper and NRA Certificates. I said, “Now I can be a bonafide member of the Second Amendment Sisters!!” I’ll be checking your site out very soon!
Sounds like the kid needs a few good swats on the fanny and a seat in front of that YouTube video with the law professor exhorting people to never, ever, ever volunteer ANYTHING to the cops.
Yeah, but is it anti-non-un-non-unlimitedly enforced?
I also love when people take an adjective derived from a noun by adding a suffix, and add another suffix to turn it back into a noun.
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