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farminator3000

(2,117 posts)
Mon Feb 4, 2013, 02:35 AM Feb 2013

"Massachusetts Supreme Judicial Court upholds state's gun storage law"-could be HUGE!!! [View all]

notice to the ladies: this may be a viable gun control option for some!

Massachusetts Supreme Judicial Court upholds state's gun storage law, rejects challenge by Springfield man
http://www.masslive.com/politics/index.ssf/2013/01/massachusetts_supreme_judicial_1.html

John McGowan of Springfield, who had a license to carry a firearm, was charged in November 2008 by Springfield police with violating the state's gun storage law. The charge came after a female roommate went into his second-floor bedroom, took his loaded handgun from an unlocked drawer in a side table, left the home, threw the weapon into a neighbor's bushes and then locked him out when he tried to retrieve the gun.

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McGowan, 71, moved in Springfield District Court to dismiss the charge of improperly storing a firearm, saying it infringes on a Second Amendment right to keep and bear arms in self-defense of one's home. The district court judge said McGowan raised "immense" constitutional issues.

The high court ultimately took over the case.

In a seven-page decision, the court held that state law is consistent with the Second Amendment and is aimed at preventing unlicensed people from getting access to a firearm.

"The prevention of accidents by those not authorized to use firearms, as well as the prevention of crimes of violence and suicide by those not authorized to possess firearms, are among the evils (the state law) is intended to prevent," the SJC decision said.

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McGowan's lawyer, John A. Rasmussen of Springfield, said McGowan must decide whether to stand trial in district court, attempt a plea bargain with the district attorney's office or appeal to the Supreme Court of the United States and see if the court takes the case.

***

from the court doc from above link:
On October 19, at approximately5:42 P.M., officers were dispatched to the defendant's house in response to a telephone callhe made about a domestic disturbance. When the police arrived, the defendant reported thathe had an argument with his female "roommate" over a ten-dollar loan, and that his roommatebecame angry, went into the defendant's bedroom, retrieved his loaded handgun from theunlocked drawer, left the house, threw the firearm into the bushes beside the neighboringhouse, and locked the defendant out of the house when he left to retrieve the weapon. Theofficers secured the handgun, which was loaded with ten rounds, one in the chamber and theremainder in the magazine. The defendant told police that the firearm was loaded that waywhen the roommate took it.

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This is not completely surprising bossy22 Feb 2013 #1
thanks, one question... farminator3000 Feb 2013 #2
current d.c. law bossy22 Feb 2013 #3
why the 'retroactive' thing? farminator3000 Feb 2013 #4
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