It is time for
Massachusetts to pass a Shall Issue Law
Americas
most important freedom has finally been
affirmed. In a brilliant and scholarly
decision prepared by Justice Antonin
Scalia, joined by Justices Roberts,
Kennedy, Thomas, and Alito, the U. S.
Supreme Court held that the Second
Amendment guarantees the individual
right to possess and carry weapons.
Scalia explored the issue from every
perspective, from the Amendments
historical context and the original
intent of the founders, to word usage of
the late eighteenth century. They all
pointed to one conclusion: American
citizens have the right to keep and bear
arms. Case closed!
While no one disputes that this right
does not extend to felons or the insane,
the decision is unambiguous about its
application to mentally fit, law-abiding,
adult citizens.
Appropriately, it was the Washington, D.
C. gun ban that was the basis for this
decision a law that denied, among
others, vulnerable, poor, black women the
right to protect themselves from drug
pushers, thieves, and rapists. The right
to bear arms cannot be denied because of
race, gender, or income level. A gun is
the great equalizer and the poor, weak
and defenseless among us cannot be denied
this critical human right.
In Massachusetts, police chiefs are given
nearly absolute discretion over who
should be issued gun permits. That
discretion should now be limited to
determination of age, citizenship, mental
fitness, and the absence of a criminal
record - all based on objective
standards. Arbitrary judgments should no
longer be allowed.
Based on this Supreme Court ruling, the
Massachusetts Legislature should
immediately pass a Shall issue
firearms law that ensures firearms
permits are issued unless an applicant
fails one of these objective standards.
While the burden of proof regarding age
and citizenship should be on the
applicant, the burden of proof for any
other basis for disqualification should
be on the state. Under the proposed law,
if an applicant meets these standards, a
permit to possess and carry must be
issued.
Recognizing the right of Massachusetts
citizens to keep and bear arms is long
overdue. Failure to do so is now
undeniably UNCONSTITUTIONAL.
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