We all know that an American’s Second Amendment right to keep and bear arms shouldn’t stop just because he or she crosses a state line. However, in far too many cases, differing carry laws can scuttle travelers’ ability to protect themselves when on the road.
Such is the case with Massachusetts, which has one of the most oppressive concealed carry permit laws for nonresidents. That has prompted the Second Amendment Foundation (SAF) to file a lawsuit challenging the provisions of the law.
On August 13, SAF and partners filed Lawson v. Campbell, which challenging the commonwealth’s process for non-residents to acquire a license to carry (LTC). As SAF pointed out in a press release announcing the court action, the process of acquiring and maintaining a Massachusetts non-resident permit is “wrought with burden, cost and delay. The initial permit application process often takes six months or more and includes repeated mandatory in-person visits to the commonwealth, creating an unconstitutional barrier to an applicant’s right to carry for self-defense.
“To add insult to constitutional injury, Massachusetts non-resident permits are only good for one year (while in-state permits are good for 6 years), requiring permit holders to file their renewals every year mere months after having received their permit, as the renewal process is plagued by the very same unconstitutional delays and the challenged laws provide no grace period for expired permits that are pending renewal,” SAF said in the press release.
This new lawsuit requests that the court step in and hold the commonwealth accountable for their tactics of unconstitutional burden and delay, and for singling out non-residents for particularly harsh treatment.
“Thanks to the Massachusetts permitting regime, non-residents who travel to—or even through—the state for business or vacation must follow the extremely long permit process or risk arrest and prosecution,” said Adam Kraut, SAF executive director. “The Second and Fourteenth Amendments clearly protect the right of ‘ordinary, law-abiding citizens’ to carry handguns for self-defense, and the state is violating the constitutional rights of non-residents with such a burdensome process to receive and renew a license to carry.”
SAF is joined in the lawsuit by the Gun Owners Action League (GOAL) and three individuals in the midst of the state’s onerous permit application or renewal process.
Alan M. Gottlieb, SAF founder and executive vice president, said his organization has proved in California, and will prove again in Massachusetts, that you cannot force someone to give up their Second Amendment because they cross a state line.
“The Second Amendment applies to all Americans in all states, period,” Gottlieb added. “With this lawsuit we aim to restore the right to keep and bear arms for everyone who wants to travel to Massachusetts, and we look forward to showing why this law is in clear violation of the Second Amendment.”
The lawsuit was filed in the U.S. District Court for the District of Massachusetts.
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