Hi Guys,
Mr. Donnell is a young Granite Stater who crashed his car while traveling to or through Massachusetts from New Hampshire. Upon his arrest for drunk driving, the officer found and seized Mr. Donnell’s arms for personal use (a 9 mm pistol). He was charged, among other things, with “carrying a firearm without a license.” Judge Coffey of the District Court of Lowell DISMISSED his case, stating that the licensing law was unconstitutional as applied to Mr. Donnell.
The Commonwealth (State Prosecutors) made a direct appeal to the SJC (Supreme Judicial Court), and the case was subsequently accepted for judicial review. The Justices of the SJC have been soliciting amicus briefs in this matter. Pursuant to their invitation, Representative Jason Gerhard and I collaborated to provide our input, see brief at https://www.ma-appellatecourts.org/pdf/SJC-13561/SJC-13561_05_Amicus_Gerhard_Brief.pdf.
Summary of Amicus Brief:
So to those of you who support the Second Amendment, please use this opportunity to share this with your social media, and help uncover the TRUTH that has been hidden to enslave you!
You can also petition the Mass. Supreme Court by way of writing an Amicus Curiae brief – other than paper and postage, it’s FREE, and if you have any questions, I can be reached at
[email protected], 413-300-2102.
*Bear Arms*
Dr. Kang Lu
p.s.
The most common misconception and argument is: "Mass. gun laws are unconstitutional!" That's an argument the 2A community has been using for over 90+ years, with consistently poor outcomes. Isn't it time to try something else? The "gun laws" are in fact, 100% constitutional as written, but NOT as applied. ("Acts of Congress are to be construed and applied in harmony with, and not to thwart, the purpose of the Constitution." Phelps v. U.S. 274 U.S. 341 (1927).)
Mr. Donnell is a young Granite Stater who crashed his car while traveling to or through Massachusetts from New Hampshire. Upon his arrest for drunk driving, the officer found and seized Mr. Donnell’s arms for personal use (a 9 mm pistol). He was charged, among other things, with “carrying a firearm without a license.” Judge Coffey of the District Court of Lowell DISMISSED his case, stating that the licensing law was unconstitutional as applied to Mr. Donnell.
The Commonwealth (State Prosecutors) made a direct appeal to the SJC (Supreme Judicial Court), and the case was subsequently accepted for judicial review. The Justices of the SJC have been soliciting amicus briefs in this matter. Pursuant to their invitation, Representative Jason Gerhard and I collaborated to provide our input, see brief at https://www.ma-appellatecourts.org/pdf/SJC-13561/SJC-13561_05_Amicus_Gerhard_Brief.pdf.
Summary of Amicus Brief:
- The Mass. Licensing Laws are constitutional as written, but they only apply to gunsmiths, retailers, firearms safety instructors, security guards, and other professionals in their specified occupations.
- The license to carry does NOT apply to the right of the people to bear arms for ourselves, and does NOT our right to bear arms, to interstate travel, or to equality under the laws.
- By misapplying a professional license against the private individual right to bear arms for personal use, the government violated multiple laws, constitutional prohibitions, and due process guarantees, including: the administrative procedure act, the declaratory judgement act, separation of powers doctrine, major questions doctrine, defendant’s right to be informed, and the vague laws doctrine.
- As a result of MULTIPLE violations of law, the courts do not have jurisdiction to enforce or punish the regulatory, victimless “crime” of having an unlicensed firearm. (So essentially, every such prosecution for the last 50+ years has been absolutely ILLEGAL!!!)
- Even if the above were ignored, the courts have completely misconstrued statutory words, including “carry” and “firearms,” which are equivocation fallacies and homonyms. In short, the courts have been playing with words, and have used tactical ambiguity to deprive the Citizens of their rights secured by the Constitution.
So to those of you who support the Second Amendment, please use this opportunity to share this with your social media, and help uncover the TRUTH that has been hidden to enslave you!
You can also petition the Mass. Supreme Court by way of writing an Amicus Curiae brief – other than paper and postage, it’s FREE, and if you have any questions, I can be reached at
[email protected], 413-300-2102.
*Bear Arms*
Dr. Kang Lu
p.s.
The most common misconception and argument is: "Mass. gun laws are unconstitutional!" That's an argument the 2A community has been using for over 90+ years, with consistently poor outcomes. Isn't it time to try something else? The "gun laws" are in fact, 100% constitutional as written, but NOT as applied. ("Acts of Congress are to be construed and applied in harmony with, and not to thwart, the purpose of the Constitution." Phelps v. U.S. 274 U.S. 341 (1927).)
