Law Office of Jason A. Guida

SCOTUS releases Rahimi decision, its first 2A case since Bruen. May not be good for challenges to MA suitability standard:

“In an 8-1 decision, Chief Justice John G. Roberts Jr. wrote that “an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.”

Supreme Court upholds gun ban for domestic-violence restraining orders The law barring gun ownership by those accused of domestic violence and subject to restraining orders was among many imperiled by a 2022 Supreme Court decision.

Not based on 2A but rather overreach by an administrative agency (ATF). Nothing will change in MA which passed a full bump stock ban years ago

Supreme Court strikes down Trump-era federal ban on bump stocks The ruling, issued on June 14, found that the Bureau of Alcohol, To***co, Fi****ms and Explosives exceeded its authority by saying a bump stock attachment on a rifle reclassified the weapon as a machine gun.

“The decision here is similar to many decisions we are seeing post-Bruen,” Guida says. (At least in Massachusetts)

Judge: No right to bear arms for protection of drug stash A federal judge in Boston has rejected an alleged drug dealer’s argument that he had a Second Amendment right to possess two semiautomatic handguns for the purpose of protecting his “stash” of co***ne and fentanyl. While some might find such a claim laughable, defense attorneys say the U.S. Su...

While MA is set to pardon ma*****na possession offenses, the effect of this action on gun rights remains unclear. A state policy developed after a federal court ruling currently allows persons with convictions for possession of less than one ounce to obtain an LTC. Larger amounts of up to 2 ounces are eligible for expungement. Possession of more than 2 ounces often results in more serious charges that do not appear to be covered by the pardon announcement. And it is important to remember that MA has two types of pardons, one that restores gun rights, one that doesn’t. Most likely, and not surprisingly, this effort will not help many people restore their fi****ms rights.

Healey to pardon those convicted of misdemeanor cannabis possession Healey said she would issue pardons for tens of thousands of people convicted of misdemeanor ma*****na charges going back decades.

Last week, a Massachusetts federal court determined that assault weapons and large capacity magazines are "dangerous and unusual" weapons that are not protected under the 2nd Amendment. The decision rejected the argument that the "in common use" language of Bruen applies to any weapon that is commonly owned and can be used for self-defense. Instead, the court held that "in common use" refers to a category of weapons (fi****ms, rifles and shotguns) and that specific types of these weapons can be deemed "dangerous and unusual".

An appeal is likely - but the 1st Circuit is unlikely to find a flaw in the logic here. This decision will have a chilling effect on any 2A challenges to the AWB/LC ban in MA state courts as well.

Federal judge rules Massachusetts assault weapons ban is consistent with recent landmark Supreme Court decision | CNN Politics A federal judge ruled a Massachusetts ban on assault weapons is consistent with a recent landmark Supreme Court decision that established fi****ms regulations must be consistent with the nation’s “historical tradition.”

Foreboding news that slipped under the radar last week: MA AG appoints a gun control advocate to oversee new unit in charge of enforcing and defending MA gun laws. This is a sure sign that prosecution and disarming, rather than training and compliance, will be the focus of this administration.

Attorney named to lead AG's new gun unit Attorney General Andrea J. Campbell formally launched her office’s new Gun Violence Prevention Unit on Nov. 16 and tabbed a Massachusetts native who has worked on gun safety litigation across the country to lead it. The new unit, which Campbell said in February that she would create, will official...

Excited to be working with Knife Rights in their efforts to expand 2A protections

Knife Rights has filed an Amicus (Friend of the Court) Brief with the Massachusetts Supreme Judicial Court in a criminal case involving illegal carry of a switchblade. In Commonwealth v. Canjura the Appellant has challenged the constitutionality under the Second Amendment of Massachusetts' ban on carry of a switchblade. A decision in favor of the Appellant could strike down the Commonwealth's ban on carry of switchblades. Read Amicus Brief at:https://kniferights.org/wp-content/uploads/MA_Amicus_Brief_10-13-2023_Final.pdf

When the MSJC accepted the case, the court requested amicus briefs related to the Second Amendment. Our Amicus Brief aims to provide added clarity for the court on the subject of Second Amendment claims with regards knives as arms, and in particular switchblades, after the Bruen decision.

The MSJC was schooled on the Second Amendment previously by the Supreme Court of the United States in a case that has had a huge impact as a result of Bruen. In Caetano v. Massachusetts, SCOTUS unanimously vacated the conviction of a woman who carried a stun gun for self-defense and remanded the case back to the state court based on the Second Amendment. Justice Alito wrote an opinion concurring in the judgment that effectively set the bar of "at least 200,000" units possessed nationally for lawful purposes including self-defense. That standard is relied on by virtually every 2A case filed since Bruen, including all of our cases. Later they applied the standard in Ramirez v. Commonwealth. So, at least narrowly, they have recognized Second Amendment rights in a case that's very similar to this one.

Knife Rights is represented by Daniel Schmutter of Hartman & Winnicki, P.C and local counsel Jason Guida, a Massachusetts Second Amendment rights attorney Law Office of Jason A. Guida

Knife Rights Chairman Doug Ritter said, "Massachusetts' switchblade ban is clearly unconstitutional. We have done all we can to ensure the Massachusetts Supreme Judicial Court Justices have been fully briefed on the Second Amendment after Bruen. Now it is up to them to faithfully apply the law."

Please support this Knife Rights' lawsuit with a tax-deductible donation to the Knife Rights Foundation at https://kniferights.org/donate/ (select Knife Rights Foundation)

Knife Rights Foundation serves knife owners and the public with a focus on protecting the rights of knife owners to keep and carry knives and edged tools for all lawful purposes including self-defense. The purposes of the Knife Rights Foundation include the promotion of education regarding local, state and federal knife laws, and the defense and protection of the civil rights of knife owners nationwide. It's latest court victory stopped Philadelphia's enforcement of the City's ban on carry of any knife in public.

Knife Rights is America's grassroots knife owners' organization; leading the fight to Rewrite Knife Law in America™ and forging a Sharper Future for all Americans™. Knife Rights efforts have resulted in 44 bills enacted repealing knife bans in 28 states and over 175 cities and towns since 2010.

The message from our legislature in the new gun bill (now H4135): if you are experiencing a mental health issue and you value your 2A rights, DON'T SEEK HELP!

One of the most egregious but least talked about provisions of the new gun legislation (H4135) is the drastic expansion of individuals who would be able to seek a Red Flag petition. Current law allows only family members and the police to petition the court. The pending proposal now includes mental health and substance abuse counselors, doctors, nurses and even marriage counselors.

Getting divorced? Loss of a family member? Drinking too much? Feeling a little overwhelmed? Beware! The professional that you seek help from is the same person who will strip you of your rights.

The vapid media reporting on the House gun bill tells you all you need to know - this proposal is window dressing without any real substance. The bill will not keep fi****ms out of the hands of people who wish to do harm with them. It will, however, create more traps for the conscientious gun owner to fall into.

Mass. House passes sweeping new gun control bill The measure would strengthen the state's assault weapons ban, limit where guns can be carried and crack down on unregistered "ghost guns." It also would expand the state's "red flag" law, which allows a judge to suspend the gun license of someone deemed at risk to harm themselves or others.

Appeal has been filed in Lowell District Court case dismissing charges against non-resident carrying a firearm w/o LTC

Even robots will be banned from exercising their rights in MA 😔

Mass. may outlaw attaching guns to robots A coalition of lawmakers and industry leaders are coming together to support a bill that would make it illegal to outfit robots with weapons.

Our federal lawsuit against the Boston Police Department and their months-long licensing backlog has been filed! Commonwealth Second Amendment (Comm2A)Fi****ms Policy CoalitionSecond Amendment Foundation

Boston applicants are currently waiting up to 6 months just to get fingerprinted! This is the second time we have filed litigation against Boston for the same issue. In the meantime, our legislators look to make licensing more difficult and complicated 😖

SAF Sues Boston Police Over Gun Permit Processing Delays - The Truth About Guns & Post Next Post▶ The Second Amendment Foundation has filed a lawsuit in U.S. District Court against Boston, Massachusetts Police Commissioner Michael Cox, in his official capacity, over substantial and untenable delays in the police department’s processing of fi****ms license appli...

A warning to all NH residents - there are several reckless social media posts currently circulating which falsely claim that out-of-state residents can carry their fi****ms in MA without a license.

This is simply not true. While there was a recent decision by a judge in a single case, this decision is not binding on any other judge and is likely to be overturned on appeal.

You will still be arrested, charged and likely convicted if you bring your firearm to MA without a license. Carrying without a license is a felony with a minimum mandatory sentence of 18 months in jail. Don’t risk your life following bad legal advice from irresponsible 2A advocates!Gun owners of Massachusetts

Our sign is up at the firm on Route 1 North in Saugus. Got yours yet? Contact Gun Owners' Action League to find a pick up spot and help stop HD4420

Hawaii recently passed legislation, effective July 1, 2023, with the same provision prohibiting carry on private property without the owner's permission found in MA H.4420. Litigation has commenced (Wolford v. Lopez) and arguments for injunctive relief were heard on July 28th (decision pending). Here is the government's argument on why their carry ban is constitutional:

"HRS § 134-E does no more than vindicate the traditional right to exclude by preventing Plaintiffs from carrying fi****ms onto private property absent the owner’s consent. Setting a default rule does not substitute the State’s judgment for that of property owners. It merely establishes a background presumption, and property owners retain the right to dictate the terms of entry onto their property as they wish. This is not unconstitutional"

HD 4420 delayed by Speaker!

The Speaker’s Full Release to House Members:

Honorable Members –

Thank you for your attendance at last week’s leadership briefings and continued conversations regarding the House’s gun violence legislation. Many of your questions were centered around the challenging new legal landscape following the Bruen decision. I am thankful for the productive feedback that we received, as well as for the legislators and members of the public who participated in the 11 listening sessions around the Commonwealth. I would also like to offer my sincere gratitude to Chairman Michael Day for thoroughly engaging the public and putting forward such a thoughtful bill for our consideration.

As you have heard me say many times, the Bruen decision fundamentally changed how courts review state gun laws and immediately jeopardized aspects of the laws that have made our Commonwealth a national leader in reducing gun violence. While the House’s commitment to pursuing a comprehensive update remains steadfast, a new legal landscape will be the greatest threat to those efforts. That is why the House believes that we must thoroughly evaluate all of the proposals made in HD4420 over the Summer, and that House Members must have the chance to continue to speak with their constituents and provide feedback. House leadership will continue to work on the bill until it is ready for debate this Fall.

The House believes that the Joint Committee on the Judiciary is uniquely equipped to navigate the legal challenges brought on by SCOTUS decisions, just as it did during our initial response to Bruen and the overturning of Roe. We remain disappointed that the Senate delayed our intended review of this gun violence legislation by insisting on its referral to the Public Safety Committee, despite the fact that just last year, the Senate insisted that a different late-filed bill proposing changes to our gun laws be referred to Judiciary instead of Public Safety. Regardless, you have my word that we will spend the ensuing weeks working with you to address concerns and questions you and your constituents may have about the proposed legislation.

As the House continues its efforts over August, we will work with the Membership, as well as with constituents, advocates and legal experts to ensure that our proposal will make Massachusetts safer, while also standing the test of time.

Sincerely –

Ron Mariano

House Speaker

District Court in Oregon upheld a large cap mag ban that is similar to the one proposed in MA (possession in home and at range only). Suffice to say, if HD. 4420 passes, the courts are not likely to help.

Federal judge says Oregon’s new gun rules don’t violate US Constitution In a 122-page written order issued late Friday, U.S. District Court Judge Karin Immergut found banning large capacity magazines and requiring a permit to purchase a firearm are in keeping with “the nation’s history and tradition of regulating uniquely dangerous features of weapons and fi****ms t...

More media cover for the new gun control bill:

With ‘ghost guns’ on the rise, AG says lawmakers need to act fast “We need to get these guns off the street and, frankly, out of communities that are seeing and have seen, probably for generations, an uptick in violence or gun violence,” the AG said.

NJ is a warning for anyone who thinks that the new proposed ban on carrying fi****ms on private property in MA will not survive a legal challenge. The MA proposal largely mirrors the current NJ “sensitive places” ban which was successfully enjoined in District Court. However, the 3rd Circuit reversed and stayed the preliminary injunction last week. The case goes back to District Court to argue on the merits.

N.J. can continue to limit guns in some public places under ruling by appeals court The ruling will reinstate parts of a law that placed strict limits on how and where one can legally carry a concealed handgun in New Jersey.

Gun Owners' Action League has released a summary of the new gun control proposal. The ban on carrying in "private" places without permission as well as the incorporation of the AG's AW copy/duplicate ban without a grandfather clause is particularly troubling.

It is important to realize that some version of this bill actually has a chance of passing - the sponsor is a close ally of the Speaker of the House and a disingenuous "listening tour" was held to provide cover (ie. we heard form the constituents and this is what they want). This is real and requires attention.

https://goal.org/Lawful-Citizens-Imprisonment-Act

Gun owners of Massachusetts Precision Point Fi****ms

GOAL - Lawful Citizens Imprisonment Act · "Secured in a locked container”, at a minimum the container must be capable of being unlocked only by means of a key, combination or similar means and it must be able to deter all but the most persistent from gaining access. A room or a store even if capable of being locked and surveilled is in...

New proposed gun control legislation just released in MA. A cursory review notes that it includes:
1) Registration of large capacity magazines
2) Ban on carrying large capacity magazines
3) Expanded definition and ban on "assault-style" weapons

and, just for fun,

4) A complete ban on carrying fi****ms on private property for self-defense unless you get the property owner's expressed permission first

Gun Owners' Action League and Commonwealth Second Amendment (Comm2A) are currently breaking this down and will provide updates

https://malegislature.gov/Bills/193/HD4420?fbclid=IwAR02abd-l-pELv0M-HL66laTXHeHiyrzN0kMxgNmjSKp2LFQlIxc9oEummw

malegislature.gov

For anyone looking for a 2A friendly mortgage broker, allow me to introduce Rick Bettencourt at Veteran’s Mortgage Brokers. Good guy, big supporter of mine when I ran for office and someone you can count on to advocate for you in a tough market.

My next U.S. LawShield self-defense seminar is this Thursday night at 6:30 pm in Raynham. The class covers Massachusetts self defense law as well as fi****ms licensing and general fi****ms law issues. I also open it up to Q&A at the end. Check out the link below to sign up.

A reminder to our NH, ME and RI friends traveling this weekend: leave your firearm, pen gun, knives, brass knuckles etc. at home. Most of the items in the picture will get you a meeting with a Trooper and criminal charges. Check your travel bag twice!

“State lawmakers are working on a gun safety bill that would review the current laws and address areas that need more focused action, including ghost guns and firearm modification parts.”

***This is how it starts - the media provides cover for the Legislature to “do something”. The Legislature cobbles together a poorly written law. The legislators all send out a press release to their constituents claiming the “did something”***

'Let's fix the problem': Readers weigh in on Mass. gun laws Most readers said the state should educate the public about gun restrictions and enforce punishments for those that violate the laws.

A "locked vehicle" is not a secure container for purposes of the Massachusetts secure storage statute. (G.L. c. 140, sec. 131L; Commonwealth v. Reyes 464 Mass. 245 (2013))

Patrol rifle, ammo stolen from state police cruiser in Malden MALDEN, MASS. (WHDH) - Authorities are searching for a suspect(s) after a patrol rifle and ammunition were stolen from a Massachusetts State Police cruiser, according...

A reminder (despite the headlines) that fi****ms parts are not regulated in MA and it is not unlawful to build out a firearm/rifle so long as 1) you register the weapon within 7 days from the date it becomes capable of discharging 2) you have a valid fi****ms license and 3) you don’t build an assault weapon.

Ghost guns seized in Burlington and Woburn; officials warn of dangers they pose Police are warning the public about the threat that ghost guns pose after officers many seized illegal weapons in recent weeks

Legal Seminar with Attorney Jason Guida. It will be held March 29 at the Hilton 2 Forbes Way in Woburn. 630pm to 830pm with time for questions at the end. $10 for non members and free for current members.

Go to www.usLawshield.Com/seminar/ to sign up. New membership sign up at the seminar locks in your rate.

“Guida also said training needs to prioritize teaching compliance to the firearm dealers rather than teaching enforcement measures to police officers and other law authorities.”

Massachusetts implements training program to regulate firearm inspection – The Daily Free Press City, News Massachusetts implements training program to regulate firearm inspection March 3, 2023 12:57 am by Emilia Wisniewski The state announced a training program on Feb. 17 to help local licensing authorities comply with federal laws, strengthen firearm inspection and prevent gun trafficking. T...