Friday, March 30, 2012

Four Wins In A Month!

Heads must be spinning at the Brady Campaign's headquarters with news that the Second Amendment Foundation just won its fourth Second Amendment case this month. The latest case is from Massachusetts where U.S. District Court Judge Douglas P. Woodcock found that the commonwealth's ban on handgun possession by permanent resident aliens contravened the Second Amendment.

From the Second Amendment Foundation's announcement of their win in Fletcher v. Haas:

For Immediate Release: 3/30/2012

BELLEVUE, WA – 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.”


  1. Yup. 4 wins nationally and two losses (Shepard and Moore v madigan) in Illinois challenging the laws in illinois that ban all carrying of weapons Unlawful use of a weapon and aggravated unlawful use of a weapon (UUW and AUUW as they are known here.

    basically in Illinois if you have a loaded weapon outside of your house/on your person you risk a felony. Welcome to Illinois.

  2. mASShole-chusetts actually had a full ban on mere possession by permanent resident aliens? Wow. This was the kind of easy case the nra should have filed YEARS ago. Why didn't they?

  3. @A guy in Illinois: I'll be in Illinois in about a week and a half. I, unfortunately, am well aware of their gun laws as my mother-in-law lives there. The pistol is always being unloaded in KY as we are about to cross the Ohio River.

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