Is anyone shocked that Massachusetts is in denial about Second Amendment rullings? SAF FILES AMICUS BRIEF IN MASSACHUSETTS CHALLENGING CARRY PERMIT DENIALS - Second Amendment Foundation
The brief argues that Massachusetts laws related to carry permit issuance, which empower licensing authorities to deny a license to carry based on a subjective determination that an applicant is “unsuitable” or “may create a risk to public safety,” are unconstitutional under New York State Rifle & Pistol Association v. Bruen. The statutes at issue allow precisely the kind of discretionary “appraisal of facts, exercise of judgment, and formation of an opinion” that Bruen’s footnote 9 held is incompatible with a shall-issue regime.
Click thru for the details. I expect that a court in Massachusetts will continue to live in denial, and this will have to go to a federal court.
And they will continue to ignore it until there is a price for doing so. It is to be expected that politicians will ignore it but so do lots of judges. People seem to think that impeachment is the only way to remove Federal judges. That is only the Congressional remedy. The standard is lifetime appointment ,during good behavior. I would argue that ignoring a Supreme Court decision is not good behavior and either the Supreme Court or the President can remove a judge for this reason. It hasn't ever been tried, however so we don't know if it would work.
ReplyDelete