SAF Wins 2A Case in Mass, Striking Down Gun Ban for Legal Aliens
BELLEVUE, Wash., March 30, 2012 /PRNewswire-USNewswire/ -- A Federal District Court Judge in Massachusetts today granted summary judgment in a Second Amendment Foundation case challenging that state's denial of firearms licenses to permanent resident aliens.
U.S. District Court Judge Douglas P. Woodcock concluded that "…the Massachusetts firearms regulatory regime as applied to the individual plaintiffs, contravenes the Second Amendment."
The case involves two Massachusetts residents, Christopher Fletcher and Eoin Pryal, whose applications for licenses to possess firearms in their homes for immediate self-defense purposes were denied under a state law that does not allow non-citizens to own handguns. SAF was joined in the case by Commonwealth Second Amendment, Inc. and the two individual plaintiffs. The case is Fletcher v. Haas.
"This is our fourth court victory this month in our campaign to win back firearms freedoms one lawsuit at a time," said SAF founder and Executive Vice President Alan Gottlieb. "It is one more step toward repairing decades of Second Amendment erosion."
In his 41-page ruling, Judge Woodcock wrote, "The Massachusetts firearms regulatory regime, as applied to Fletcher and Pryal, does not pass constitutional muster regardless of whether intermediate scrutiny or strict scrutiny applies…The possibility that some resident aliens are unsuited to possess a handgun does not justify a wholesale ban."
"With each strategic victory over a specific statute," Gottlieb said, "SAF and its fellow plaintiffs are advancing the line a little more. Since our landmark victory in the McDonald case that incorporated the Second Amendment to the states, we've been carefully picking laws to challenge, chipping away at years of gun control extremism. So far this month, we have posted victories in Maryland, North Carolina, Washington and now, Massachusetts.
"Our battle is hardly finished," Gottlieb concluded. "We've got to roll back generations of onerous gun laws. It's going to be a long march, and these wins are just the first small steps."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation