A nationwide gun rights group has requested a federal choose to instantly halt the state’s longstanding ban on assault weapons and high-capacity magazines whereas the court docket decides whether or not the legislation ought to stand in any respect.
The National Association for Gun Rights, a Colorado-based Second Amendment advocacy group, on Tuesday was heard by First Circuit U.S. District Judge F. Dennis Saylor IV of their try to overturn a 1998 assault weapons weapon ban made a everlasting legislation in 2004 by then-Gov. Mitt Romney.
“Massachusetts has been directly violating the Second Amendment for decades,” NAGR President Dudley Brown stated. “Under Bruen, there is no doubt in my mind the days of Romney’s Assault Weapons Ban are numbered. The National Association for Gun Rights will see to it that the rights of the people of Massachusetts are restored.”
The gun rights group says that their lawsuit comes following the U.S. Supreme Court’s determination in New York State Rifle & Pistol Association, Inc. v. Bruen, which struck down sure licensing circumstances in New York State and elsewhere, together with Massachusetts.
According to the excessive court docket, states should style gun legal guidelines which are in step with the historical past and custom of the Second Amendment. Brown says Bruen also needs to result in the top of Romney’s ban on magazines that carry greater than 10 rounds and a few fashionable rifle kinds.
“This law bans firearms that are in common use throughout the United States, including the most popular rifle in America. Our members are chomping at the bit to snuff out semi-auto bans nationwide, and taking a hatchet to the Romney gun ban will be a tremendous feather in our cap,” Brown stated.
The group is asking the choose for a preliminary injunction towards the legislation whereas the case carries on. Brown says they’ll take the matter all the best way to the excessive court docket if wanted.
“If the court disagrees and refuses to grant us a preliminary injunction, we look forward to appealing to the First Circuit Court of Appeals and on to the Supreme Court if necessary. Bans on commonly owned weapons fly in the face of both the Constitution and the Supreme Court’s Heller and Bruen rulings, and they cannot be allowed to stand,” he instructed the Herald.
According to Jim Wallace, the chief director of the Massachusetts-based Gun Owners Action League, whereas he stated he agrees with the necessity to see Romney’s ban overturned, Brown might must convey his case all the best way to the excessive court docket, as he doesn’t assume NAGR could have a lot luck arguing for gun rights with a Bay State based mostly choose.
“Your chances in the First Circuit are slim to none,” he stated. “That is why we can’t rely on the courts here in Massachusetts to protect our rights when it comes to the Second Amendment.”
Source: www.bostonherald.com”