New Hampshire challenges "unjust" Massachusetts gun laws over impact on residents who cross state lines

[BumRushDaShow]

Source: CBS News

Updated on: August 21, 2024 / 6:46 AM EDT


CONCORD, N.H. - New Hampshire's attorney general says residents who cross state lines with their guns should not be subject to "felony convictions and imprisonment" for violating Massachusetts law.

Attorney General John Formella filed briefs with the Massachusetts Supreme Judicial Court on Monday in support of two New Hampshire men who were charged with carrying guns in Massachusetts without firearms licenses. A Lowell District Court judge previously ruled that Massachusetts can't prosecute out-of-state residents for illegally carrying guns if they were legally entitled to have them in their home state.

"By challenging Massachusetts' restrictive firearm laws, we are affirming that constitutional freedoms should not be undermined by inconsistent and overly burdensome regulations," Formella said in a statement. "This is all about ensuring that responsible gun owners can protect themselves without fear of unjust legal consequences when they cross state borders."

One of the New Hampshire defendants, Philip Marquis, was in a car crash on Interstate 495 in Massachusetts. He says he told police he had a pistol on him, but did not have a license to carry in Massachusetts. "Massachusetts, like many states, deals with significant and substantial crime in its communities," the filing from Formella's office says. "Accordingly, it is illogical to think that the moment a New Hampshire citizen crosses the border into Massachusetts that he or she is stripped of his or her constitutionally protected right to self-defense."

Read more: https://www.cbsnews.com/news/new-hampshire-massachusetts-gun-laws/

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In other words, "States Rights" for me but not for thee.

[bucolic_frolic]

1. The revolutionary spirit is alive and well

No wonder the red coats lost.

[Think. Again.]

2. Sounds like something Federal gun laws could fix.

[Happy Hoosier]

3. The argument here is weird....

And it has implications. Recreational Canabis is not legal in New Hampshire, but IS legal in Massachussetts. Does this mean that New Hamshire cannot stop people from Massachussets carrying Canabis without a medical card?

[BumRushDaShow]

6. Different states (and D.C.) have had different laws for forever

Someone might be able to travel to a permitless carry state like TX but don't try to do that when in NJ.

IIRC, states might have reciprocal agreements between each other with respect to this but this particular effort seems to be headed down a road to break the Constitution by cherry-picking which "state" laws take precedence (regardless of the Constitution).

And in this case with firearms, this is the result of that idiotic "Bruen" decision that some states seem to want to continue to reference as a justification to remove ALL regulation of guns.

MA should counter-sue them for not allowing a gun to be carried into Sununu's office (which I am sure is not permitted).

[ScratchCat]

8. Not the same because of 2A

Unless or until there is a US Constitutional right to medical cannabis, its a completely different argument.

NH is simply arguing that because of the Second Amendment and concurring court cases about the individual right and self-defense, Massachussets can't charge out of State residents who simply happen to be in the State if they can legally carry in their home State.

At the link, it states that a judge has already dismissed the charges, agreeing with the State of NH. The county DA is appealing the dismissal of the charges.

[Happy Hoosier]

13. Disagree

At least under current law, the Massachussetts restrictions do not violate the 2A. NH has no grounds to challenge, IMO.

[ScratchCat]

15. Sure they do

Under the current law, the rights of Massachusetts citizens are not violated because they can obtain a State license to carry. But citizens of bordering States, who can legally possess in their home State, have their rights violated by The State of Massachusetts if the State tries to criminally charge them. Its not because its legal in NH. Its because of the 2A and subsequent court cases.

As I noted previously, the Massachusetts judge agrees with The State of New Hampshire and dismissed the charges. The County DA is asking for them to be re-instated so that they can... presumably try, convict and jail two New Hampshire citizens who did nothing other than pass into Massachusetts. Its nonsensical and has nothing to do with "crime" or "gun safety".

[bahboo]

4. ok....what if legal limit DUI laws are different state to state....

[eppur_se_muova]

5. If you prefer the laws in your state that much, just fucking STAY THERE. nt

[Dorn]

7. Try traveling north into Canada -- Canada says: "Leave your gun at home"

https://www.canada.ca/en/border-services-agency/news/2019/09/visiting-canada-leave-your-firearms-at-home.html

[Igel]

17. Not the same constitution.

Different rules apply. Try taking American rules to China or Venezuela, and good luck with that.

[CincyDem]

9. So if I, as an Ohio resident, drive through Virginia...those "no radar detector" signs shouldn't apply to me?

How about when I’m driving across I-70 out of Ohio, where the speed limit is 75mph, and I hit PA…am I obligated to drive 55 because…ya know…I’m an Ohio resident.

While it sounds trivial to compare gun ownership to speed limits and radar detectors - isn’t it really the same principle ?

[dickthegrouch]

10. Substitute Abortion for Gun

Then see what a mess we get ourselves into.

[C0RI0LANUS]

11. Leave Your John Roscoe at Home

"In an average year, 257 people die and 648 are wounded by guns in Massachusetts, which has the 2nd-lowest rate of gun violence in the US. Gun deaths and injuries cost Massachusetts taxpayers $85.4 million per year."

What's wrong with the Pilgrim State trying to save lives and their taxpayer money?

Source:

https://everystat.org/wp-content/uploads/2024/05/Gun-Violence-in-Massachusetts-2024-05.pdf

[elleng]

12. 'Intention' should be part of this,

but not an easy matter to address in The 'United States.'

[70sEraVet]

14. Gun ownership should imply a degree of responsibilty for that ownership

Just like, if I'm driving in a state other than my own, I hesitate to make a 'right turn on red', which is legal in my state unless noted on a sign.
My opinion is, if you are carrying a weapon into another state, you have a responsibility to know and obey that state's laws.
That simple.

[eggplant]

16. This is what happens when out-of-state gun laws are applied like this.

https://en.wikipedia.org/wiki/1992_Bard_College_at_Simon%27s_Rock_shooting

Wayne Lo was a resident of Montana when he purchased an SKS semi-automatic rifle at a Massachusetts gun dealer. He wasn't subject to Massachusetts law at the time.

[Zoomie1986]

18. Their state, their rules

Deal with it.

[Zoomie1986]

19. Also: If a woman from New Mexico

Is a student at University of Texas in Austin and gets pregnant, then, by this harebrained logic, she can demand to get an abortion in Texas because she's from a state where abortion is legal...

...Right?