Mass. Court Dismissed Case Citing Heller.

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Thank god. I hope I interpreted it correctly.

I saw the decision to mean it's ok for the home owner to use a gun inside a home right away for home defense.

However minor child playing with gun was a problem. I dont know Mass, but here a minor can use a weapon of a parent in defense of home if necessary.... but DO NOT quote or rely on my flawed understanding. I am NOT a lawyer.

After I read this paper and feel that is DC trying to make people ok to have handguns for home defense BUT.... lock em up so much that they will die while unlocking the things?

My weapons are not secured or locked when we are at home, however they are when we are not and if children are present, something that is extremely rare in our home.
 
While it is a great outcome, to answer your question 308win, that decision carries almost no weight. That decision is binding only on trial courts in that district. It can however be used as persuasive case law in other jurisdictions, but again it is merely persuasive and not binding.
 
Not a terribly good decision.

I don't care at all for Judge Lynch's claim that requiring a firearm to be stored in a place inaccessible to children or unauthorized users would satisfy Heller. I own WAY too many relatively inexpensive vintage military rifles to justify buying effective safes for them all, assuming my apartment floor would support their weight, which it wouldn't. I also enjoy displaying some of them. They are kept unloaded, and ammunition for them is not (easily) accessible to anyone but me. That should be more than enough.
 
either way (safes or no ammunition near) make the firearm half unusable for home defense. you have the psychological defense of pointing a gun at the BG, but you have nothing to back it up with. Such requirements would turn your home defense into all show and no substance
 
A pro gun Judge in Mass? Wow.

Looks more like a judge that used Heller as an escape from a boring trial and waste of taxpayer money. My uncle (former judge) told me of many such instances in his experience. An empty gun is a threat to no one, even a child. Wouldn't citing Heller, whose validity is suspect as to incorporation, be legislating from the bench?
 
Hungry Seagull said:
After I read this paper and feel that is DC trying to make people ok to have handguns for home defense BUT.... lock em up so much that they will die while unlocking the things?
As I have it (IANAL), pre-Heller, this was pretty much the way it stood.

Heller seems to have eaten the "lock it up to make it useless" aspects, but the PTB in DC have sidestepped that, in favor of a "bet you can't get it registered in your lifetime" set of restrictions on owning the things.

(Here in OH, the requirements that DC has implemented are more strict than our carry licenses. The idea seems to be that those really serious about it - the "squeeky wheels" - will dot the "I"'s and cross the "T"'s, but everybody else will either not bother, or continue to store their weapons illegally. Don't forget that it's always easier to make a criminal out of an honest citizen than to stop a criminal....)

Just IMHO, of course.

I agree with lanternlad1, except to comment that many of our current problems are the direct result of "legislating from the bench".... :(

What bothers me, of course, is the nature of the storage requirements, and things that make you a felon if you fail to report a theft within a certain time frame, or provide significant liability to the owner if a thief misuses it.

And, let's not forget the basic themes here. Criminals and Terrorists are now a Protected Minority. Heaven forbid we keep them from earning their bread, or hurt them. AND, the Liberals are scared to death of the idea of a Black Man (or Woman) with a gun.

Regards,
 
A pro gun Judge in Mass? Wow.

Not surprising at all - in MA, judges tend to not think and go with existing law. Heller going the way it did, the MA judge followed suit. :)
 
mass

I lived all my life in mass until 2000.any ruling that helps our side is a good ruling in mass.if you knew the mass laws you would know what I mean.wwhy do you think I left.because I got a setlement that gave me the opportunity to leave. :rolleyes::uhoh:
 
it's always easier to make a criminal out of an honest citizen than to stop a criminal

That is a great sig line. Thanks.

Good to hear that there is a judge in Mass who can still think for himself.

Pops
 
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