Monday, February 11, 2013

Comm2A Goes To Federal Court Against Four Police Chiefs

Commonwealth Second Amendment, the Massachusetts gun rights organization, has filed suit in US District Court for the District of Massachusetts against four Massachusetts police chiefs. They allege that the chiefs have violated the Second Amendment rights by imposing unreasonable and unlawful licensing restrictions on the plaintiffs.
Comm2A filed suit in federal court against four police chiefs in Massachusetts alleging that they violated citizens Second Amendment right to keep and bear arms.

With support from the National Rifle Association, Commonwealth Second Amendment (Comm2A) and six individual plaintiffs filed suit challenging the constitutionality of restrictions placed on the Licenses to Carry issued by police chiefs in the towns of Weymouth, Danvers, Peabody, and Worcester. The suit alleges that the plaintiffs were denied their Second Amendment right to keep and bear arms because the defendants imposed unreasonable and unlawful licensing restrictions on the plaintiffs.

"The fact that there are 351 unregulated and arbitrary practices of issuing licenses in Massachusetts is ridiculous," said Brent Carlton President of Comm2A. "No one would stand for it if it was arbitrarily determined who has the ability to access other rights granted by the Constitution such as free speech."

In all six cases Chiefs determined that individuals who were otherwise lawfully suitable would be restricted from having a firearm for self defense. Plaintiffs in the lawsuit seek a declaratory ruling that the Massachusetts licensing statute and practices of the defendants that prohibit qualified citizens are unconstitutional because they prohibit qualified citizens such as the plaintiffs from carrying a loaded operable handgun for the purpose of self-defense. The suit also seeks to direct defendants to issue plaintiffs licenses to carry without restrictions that would otherwise prohibit the carrying of firearms for personal protection.

Commonwealth Second Amendment (Comm2A) is a grassroots civil rights organization dedicated to promoting a better understanding of rights guaranteed by the Second Amendment to the United States Constitution.
The case is Davis v. Grimes and the complaint can be found here. The attorneys for the plaintiffs are Patrick M. Groulx of Melrose, Massachusetts and well-known Second Amendment attorney David Jensen of New York.

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