Massachusetts gun licensing law being challenged by New Hampshire as unconstitutional
By AARON PARSEGHIAN
New Hampshire is joining 24 other states in urging the U.S. Supreme Court to take up a challenge to Massachusetts' gun licensing laws, arguing the restrictions are unconstitutional.
Earlier this year, Massachusetts' highest court ruled that residents from other states must comply with the Commonwealth's firearm licensing requirements, even if they legally purchased their guns elsewhere. The decision came after two cases where New Hampshire residents who purchased guns legally were charged with unlawful possession in Massachusetts.
"The Second Amendment does not end at the Massachusetts border"
New Hampshire Attorney General John Formella said in a statement, "the Second Amendment does not end at the Massachusetts border." The legal filing uses the Pheasant Lane Mall in Nashua, which straddles the state line, as an example. A New Hampshire resident could be legally carrying a gun while shopping on one side, but face felony charges if they cross into the Massachusetts portion.
Michael Pelosi, a Massachusetts resident who owns a gun shop in Nashua, called the case a matter of constitutional rights. "It's interesting that you can take something like the Second Amendment…and a state can prevent you from exercising it if you don't go through all of these hurdles to get a piece of paper," he said.
Pelosi said his business caters to prospective gun buyers in each state, which he says can bring some challenges.
"With New Hampshire, there's not really much you have to be concerned with. With Mass, there's a ton of stuff. And I take that seriously. I have legal counsel that advises me on things if I have questions. And yeah, it's a pretty big cornerstone of my business," Pelosi explained.
Massachusetts pledges to defend laws
Massachusetts Attorney General Andrea Campbell has pledged to defend the state's laws, saying they are consistent with both public safety and the Second Amendment.
"We have strong gun laws that have been proven to work to actually reduce gun violence," said Ruth Zakarin, CEO of the Massachusetts Coalition to Prevent Gun Violence, who argued the laws are not an infringement. "Ultimately, yes, people do have a right to bear arms. There's nothing about our laws in Massachusetts that takes away that right."
"We in Massachusetts want other states to respect what we do here in our state," Zakarin added.
It remains unclear if or when the U.S. Supreme Court will take up the case.