Kang Lu v. Maura Healey et al.

So, what's the pathway here - Mass Supreme Court, Circuit Counts, ... where does NH win?

"Surely the Second Amendment’s protection of a person’s right to carry a firearm for self-defense is not so fragile as to allow Massachusetts to compel a New Hampshire citizen to choose between exercising his or her right to self-defense and visiting the Buffalo Wild Wings at the Pheasant Lane Mall..."


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Dont go into Indian territory and complain about getting scalped. Yes, it is all unconstitutional. But that never stopped the dem tyrants in MA. They make it up as they go along and the plebians pay the price.
 
Personally I am not jazzed about a decision that is limited to “you can carry without the king’s permission only if you are traveling through the state and not stopping.” It should be much broader - if I’m permitted to carry in my state of residence, whether via constitutional carry or under a licensing regime, then I can carry in all 50 states. I mean, I can drive in all 50 states and driving isn’t a constitutional right.
 
I have not fully read the new MA law. Someone said that this allows non-residents to carry. If true, please post a page number or a section number. This is important to this case if true.
1302 (k) A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner’s direct control it shall be stored in the vehicle in accordance with section 131C
But this doesn't help anyone stopping to eat, get gas, visit relatives, etc.
They have to lock up their arms in order to exit their car.
 
Personally I am not jazzed about a decision that is limited to “you can carry without the king’s permission only if you are traveling through the state and not stopping.” It should be much broader - if I’m permitted to carry in my state of residence, whether via constitutional carry or under a licensing regime, then I can carry in all 50 states. I mean, I can drive in all 50 states and driving isn’t a constitutional right.
This is exactly what national reciprocity would have done. It passed the house but th senate sat on it, and this was when they were both controlled by the republicans and trump was pres.
 
What change?
1302 (k) A nonresident may carry a firearm on their person while in a vehicle lawfully traveling through the commonwealth; provided, however, that the firearm shall remain in the vehicle and if the firearm is outside its owner’s direct control it shall be stored in the vehicle in accordance with section 131C
 
Can, but won't.
Please expound on your reasoning behind your position.
If the state wasn't willing to defend it's citizens, it would have simply remained mute. Yet, it invested a significant level of effort in it's amicus brief (read the brief - it wasn't a small effort)
 
This is exactly what national reciprocity would have done. It passed the house but th senate sat on it, and this was when they were both controlled by the republicans and trump was pres.
We do not need congress to grant us reciprocity. It is in the full faith and credit clause of the constitution, not to mention 2A itself. SCOTUS merely needs to say that the RKBA is enshrined in the 2A and that another state cannot take this right away from you. 2A is very different than the abortion issue. Dobbs held that abortion is a states rights issue. 2A is not. It seems exceedingly straightforward to me and it is amazing that the states get away with infringing on 2A so blatantly.
 
We do not need congress to grant us reciprocity. It is in the full faith and credit clause of the constitution, not to mention 2A itself. SCOTUS merely needs to say that the RKBA is enshrined in the 2A and that another state cannot take this right away from you. 2A is very different than the abortion issue. Dobbs held that abortion is a states rights issue. 2A is not. It seems exceedingly straightforward to me and it is amazing that the states get away with infringing on 2A so blatantly.
Maybe but it isn’t working that way and there isn’t and hasn’t been any cases to make it so. If an effort starts now a decision is 5-10 year off. Fed resiprocity could have happened overnight and still could.
But sure you go ahead and wait for your dream of a scotus ruling, hope you’re not too old.
 
I can drive in all 50 states and driving isn’t a constitutional right.
It's been a while since I've pointed this out, but no law (neither federal law nor case law) requires one state to recognize another state's drivers licenses.

Driver licenses are recognized by interstate compacts, just like carry license reciprocity. The only difference is that all states choose to recognize most* other states' DLs. Not all states do the same for carry licenses.

Of course, licenses shouldn't be required for either, and "constitutional right" is irrelevant. The Constitution doesn't give you rights: it limits what the government can do, and restricting travel, even by driving, is not an enumerated power of government.

*Some states restrict non-resident driver licenses that don't meet their age requirements.
 
Sent the following to general media as part of a news release:

"NH attorney general joins fight against MA gun law; Sept. 9th court date scheduled.

WMUR-TV's text report: New Hampshire challenges Massachusetts gun law that led to charges against 2 Granite Staters

Meanwhile oral arguments are scheduled to be heard before the Mass. supreme court on Sept 9 at 9am in Courtroom 1 (Seven Justice Courtroom) on the second floor of the John Adams Courthouse in Boston. See https://www.mass.gov/info-details/supreme-judicial-court-oral-arguments for details or to watch their webcast real-time.

Background and updates on the situation:
6 NH state reps file Supreme Court brief against Mass gun-law enforcement "
 
For that matter, you should be able to buy a gun when you cross state lines any gun.
But you’ve got stores refusing to sell magazines to out of state residence(which I believe is completely their choice). But I’ve gone up to New Hampshire to shoot, forgotten magazines. There are “pre-band“ bought a regular magazine, then gave it away or threw in the trash when I left.

Sure people up there we know us anything, but if you don’t know anybody, they straight up refuse
 
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Maybe but it isn’t working that way and there isn’t and hasn’t been any cases to make it so. If an effort starts now a decision is 5-10 year off. Fed resiprocity could have happened overnight and still could.
But sure you go ahead and wait for your dream of a scotus ruling, hope you’re not too old.
I have no dream that SCOTUS will address the issue. Congress certainly won't b/c it will never be a priority for any republican admin that also is fortunate enough to control all of Congress. That has less of a chance than SCOTUS addressing the matter.
 
As it always the case, most of the people who would go to a rally will have to work that day.

The bottom line in this case is that every major gun group and pro-liberty group stepped up and filed in this case. The hearing is on the 9th of September. Great day for a rally, IMHO
 
The first circuit will quote an obscure fictional novel to claim that the second amendment only applies within a state just to delay delay delay. It will be either that or sensing a giant loss Massachusetts will drop all charges and hope the problem goes away and they can continue prosecuting out of state people. Take your pick.
 
The first circuit will quote an obscure fictional novel to claim that the second amendment only applies within a state just to delay delay delay. It will be either that or sensing a giant loss Massachusetts will drop all charges and hope the problem goes away and they can continue prosecuting out of state people. Take your pick.
There is no step to the first circuit court. This goes directly to SCOTUS after the MA SJC.
 
Somehow the thread on the NH AG filing an amicus brief was merged into this thread. These are drastically different cases. The Donnell/Marquis case goes to the MA Supreme Court on 9/9/2024 and then depending on the opinion of the court could be appealed directly to SCOTUS. In the Donnell case, there will not be a first circuit court hearing.

I have not followed the other case. Can someone explain the status and next steps of the Dr. Kang case?
 
Dupe

@Palladin The Donnell/Marquis case and the Dr. Kang Lu case are very different. IMHO, they are not dupes at all
 
The reason that the NH AG is filing an amicus brief is because NH can't sue MA over a MA law.
The reason that the Nh AG filed an amicus brief was the MA SJC asked for briefs from interested parties and there are a bunch of NH citizens facing jail time for simple possession.

Processionary offenses should be repealed.
 
Correct. I was pointing out that it's not the same as filing a law suit. I have long thought that it's wrong and stupid for states not to recognize each others LTCs (no matter what they call them). I'm rather doubtful that the SJC will decide that the law is unconstitutional.

After that, will the NH AG file a suit? I'd be surprised, but it could happen.



The reason that the Nh AG filed an amicus brief was the MA SJC asked for briefs from interested parties and there are a bunch of NH citizens facing jail time for simple possession.

Processionary offenses should be repealed.
 
Correct. I was pointing out that it's not the same as filing a law suit. I have long thought that it's wrong and stupid for states not to recognize each others LTCs (no matter what they call them). I'm rather doubtful that the SJC will decide that the law is unconstitutional.

After that, will the NH AG file a suit? I'd be surprised, but it could happen.
Could the split the difference and rule that they have to honor other states' licensing, NH still does have a license.

How does the new laws in MA affect this? If not for them, where you have to be a special person to get a non-res LTC, they could have claimed there was a path available.
 
Personally I am not jazzed about a decision that is limited to “you can carry without the king’s permission only if you are traveling through the state and not stopping.” It should be much broader - if I’m permitted to carry in my state of residence, whether via constitutional carry or under a licensing regime, then I can carry in all 50 states. I mean, I can drive in all 50 states and driving isn’t a constitutional right.
You also do NOT lose any another right !!!!!!!
 
We do not need congress to grant us reciprocity. It is in the full faith and credit clause of the constitution, not to mention 2A itself. SCOTUS merely needs to say that the RKBA is enshrined in the 2A and that another state cannot take this right away from you. 2A is very different than the abortion issue. Dobbs held that abortion is a states rights issue. 2A is not. It seems exceedingly straightforward to me and it is amazing that the states get away with infringing on 2A so blatantly.
It is almost as if the 2A was being treated as a second class right.


Didn't we laugh this guy off the forum?
No.


Sooooo.

What's that you were saying ?


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