Mass. Judge to gun dealers: No home sale

O

Oatka

New member
http://www.boston.com/dailyglobe2/146/metro/Judge_to_gun_dealers_No_home_sale+.shtml

Judge to gun dealers: No home sale

By Associated Press, 5/25/2000

A judge upheld a state law Tuesday banning gun dealers from selling weapons out of their homes.

Superior Court Judge Maria Lopez rejected a claim by six gun dealers that the 1998 law violated their rights.

The law, in part, is designed to facilitate safety regulations around gun sales such as record keeping and police searches.

''This is a major victory in the battle to keep people safe from guns,'' said state Attorney General Thomas Reilly.

The six plaintiffs, from Pembroke, East Longmeadow, Framingham, North Andover and Sutton, had their licenses revoked after a statewide police sweep in October. Reilly had ordered police to search for violations of the law.

While the judge upheld the law as constitutional, she found that the gun dealers were entitled to hearings before having their licenses revoked or suspended.

The Gun Owners' Action League expressed satisfaction with the ruling.

''The courts have recognized that it is improper for the state to take away a person's livelihood without due process,'' the Northborough-based group said in a statement.

This story ran on page B05 of the Boston Globe on 5/25/2000.
© Copyright 2000 Globe Newspaper Company.
 
So, as long as there is due process its OK to take away someone's livelihood, even though its a completely politically motivated bunch of nonsense?

Funny logic.
 
GOAL's Official Statement

Judge Rules State Gun Laws Are Flawed

GOAL is pleased that a Superior Court Judge granted an injunction against two Massachusetts Police Chiefs for revoking dealer's licenses without giving them a hearing, and has ordered the licenses reinstated. The courts recognized that it is unconstitutional for the state to take away a person's livelihood without due process.
The court decision pertains to a clause of the state's laws1 which requires a dealer to maintain a place of business that is not a residence or dwelling. The court outlined how the gun control act of 1998 ("Chapter 180") removed firearms dealers' rights to due process by denying them a hearing.

The judge also ruled -- contrary to the arguments of the Attorney General -- that it was proper for the dealers to seek a declaratory judgement in this matter. The court recognized there are important constitutional issues involved, and that the existing remedies for challenging actions of police chiefs are inadequate.

This decision clearly emphasizes the poor drafting of the law and the haste with which it was enacted. The citizens of the Commonwealth deserve to have clear, well-crafted laws that punish evildoers, instead of a law where a judge has to guess at the legislative intent.

GOAL is aware that this clause is being unequally applied around the Commonwealth. Indeed, the courts drew a distinction in the application of the law between "homes" and "separate commercial units." We will continue to press the legislature for a clarification of its intent.

In the meantime, some relief has been granted to at least two small business owners in Massachusetts who can return to earning a living.

[1Chapter 140, Section 123, 15th clause. For the text of this clause see Chapter 180, and scroll down to Section 19.]
 
"... in the land of the free, and the home of the brave."

Anyone still believe that?

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Either you believe in the Second Amendment or you don't.
Stick it to 'em! RKBA!
 
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