BOSTON – Has the Second Amendment Protect New Hampshire residents from prosecution if they temporarily bring their guns across the border into Massachusetts? The Massachusetts Supreme Judicial Court heard arguments Monday on the disagreement between the two New England states.
The New Hampshire men, Dean Donnell Jr. and Phillip Marquis, were both charged in separate counts of unlawful possession of a firearm in Massachusetts. Donnell was also charged with driving under the influence of alcohol, while Marquis was involved in a car crash on I-495.
Their attorneys argue that since they obtained their guns legally in New Hampshire, it is unconstitutional for Massachusetts to charge them with crimes under that state’s strict gun laws.
“Massachusetts cannot offer less protection than the Second Amendment,” Marquis’ attorney, Hayne Barnwell, told the court Monday.
Massachusetts prosecutors appealed judge’s ruling
A Lowell District Court judge agreed with the defendants, but prosecutors in Massachusetts appealed the decision, arguing that out-of-state gun owners must obtain a temporary gun permit and should not be exempt from local law. laws.
“The trial judge clearly erred in granting a motion to dismiss in both cases, as Massachusetts has the authority to implement a uniform licensing system that applies to all citizens regardless of where they reside,” Assistant District Attorney Ryan Rall said in court.
New Hampshire vs. Massachusetts on gun laws
Each state’s top law enforcement officials are on opposing sides on the issue. New Hampshire Attorney General John Formella said in a court filing that applying Massachusetts’ gun laws to New Hampshire residents who cross the state line only temporarily could violate their right to bear arms.
“For New Hampshire residents, particularly those living in southern New Hampshire, such strict application of Massachusetts law means that legal, constitutionally protected conduct — namely, carrying a firearm for self-defense — can be turned into a misdemeanor during a routine trip to the grocery store, the mall, or a visit to the neighbors,” Formella said.
Massachusetts Attorney General Andrea Campbell also filed an amicus curiae brief in the case, noting that she “regularly defends state firearms safety laws against Second Amendment challenges.”
“Massachusetts applies its laws equally to residents and nonresidents alike,” she said in a statement. “Nothing in the Constitution prohibits Massachusetts law enforcement officers from enforcing state law within their own borders simply because someone is from another state.”
The court has not yet announced when it will rule on the case.
