crossbreed IWB holster concealed carry
Courtesy Crossbreed Holsters

Massachusetts restrictive gun laws continue to come under well-deserved fire because of their failure to respect the Second Amendment.

We reported over the past week how gun owners have started an initiative petition to put a repeal of the new sweeping gun law on the statewide ballot and about the National Shooting Sports Foundation (NSSF) donating $100,000 to the Gun Owners’ Action League (GOAL) to help fund that group’s lawsuit challenging the constitutionality of the law. Now two gun-rights groups have filed an amicus brief in another Massachusetts case challenging the state’s permit law that restricts lawful gun owners from carrying a firearm in the state.

The case involves New Hampshire resident Dean F. Donnell, Jr., who was stopped by police in Massachusetts and charged for carrying a firearm without a license. In the case named Commonwealth of Massachusetts v. Donnell, the National Rifle Association (NRA) and Second Amendment Foundation (SAF) filed their 38-page brief explaining their interest as that of their members’ ability to travel with firearms legally across state lines, to use them for lawful purposes.

“There is no historical tradition that justifies the non-resident licensing scheme now in place in the Commonwealth of Massachusetts,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Looking back, a government license has not been required to exercise the right to carry arms. Such licenses came into existence only in the late 19th Century, and they applied only to the concealed carry of firearms. Open carry was unrestricted.”

In the brief, NRA and SAF argue that the law doesn’t meet the second Bruen standard of proving a historic precedent exists for such a restriction.

“When the Second Amendment’s plain text covers an individual’s conduct, the government must justify its regulation by demonstrating that it is consistent with the nation’s historical tradition of firearm regulation,” the brief states. “Because the Supreme Court has already held that the Second Amendment’s plain text protects carrying handguns publicly for self-defense, the Commonwealth bears the burden of justifying its regulation with historical tradition. It has not and cannot do so.”

The brief further argues that no historical tradition exists that justifies the Commonwealth’s nonresident licensing scheme.

“Historically, nonresidents traveling in a state were treated no worse than residents with regard to firearm carry,” the brief states. “If they were treated differently under the law, it was generally to exempt travelers from carry restrictions—not to subject them to more onerous burdens than residents. Moreover, a government license was not historically required to exercise the right to carry arms; carry licenses that applied to free citizens were not enacted until the late-19th-century and applied only to concealed carry, leaving open carry unrestricted.”

Adam Kraut, SAF executive director and one of the attorneys in the case, said the act of just getting  permit puts a huge burden on non-resident gun owners.

“New nonresident license applications require an in-person appointment in Massachusetts, necessitating an extra (unarmed) trip to the Commonwealth—which, especially for residents of distant states, becomes a barrier to entry that may be financially untenable,” Kraut said.

The NRA and SAF conclude in the brief that since the law violates the Second Amendment, the district court’s order of dismissal should be confirmed.

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69 COMMENTS

  1. Seems like a solid case to me u der Bruen. These socialist states continue to ramp up outrageous restrictions after Bruen. it shows their arrogance and hubris in brazenly defying the constitution and SCOTUS as they work tirelessly to install a leftist tyranny!

    • Bruen didn’t really do us any favors. The NFA is Unconstitutional Period! Bruen opens some doors but muddies others.

      • “Bruen didn’t really do us any favors.”

        And “Rahimi” created an official path around “Bruen”.

    • JohnH,

      “… it shows their arrogance and hubris in brazenly defying the constitution and SCOTUS …”

      I think it is more accurate to say that it shows their contempt for their political enemies.

      Either way, it stinks to high Heaven.

  2. There should be an immediate automatic hearing by a federal court anytime a constitutional issue is passed by any gov’t level. Law should require that level of scrutiny before it can go into effect.

    • There must be an immediate decision by SCOTUS that 2A protects the individual right to keep and bear arms at minimum equivalent to modern light infantry which includes at minimum a modern semiautomatic rifle, handgun, standard capacity magazines (30+ and 17+ cartridge respectively) and all supporting gear (optics, body armor, ranging, etc). This included the ability to acquire such arms through any means (build, trade, purchase, inheritance, etc). This also includes no age restriction and at minimum age practiced at time of historical text equivalent to minimum age to enter military service, but not dependent upon military service. This also includes no restrictions on training, maintenance, arms smithing, reloading, etc.

    • Since open borders are no concern to democRats then why should state lines matter?

      As long as the public view of Gun Control remains high the tit for tat courtroom clown shows will continue. Of course Gun Control zealots are not ever going to say their Agenda is Rooted in Racism and Genocide so that leaves Gun Owners to Define Gun Control by its History for the public. And for the most part that leaves the public hearing Crickets…pathetic.
      https://youtube.com/watch?v=ceeCLRPl_80&feature=shared

      • “Since open borders are no concern to democRats then why should state lines matter?”
        Excellent.

        • Yea the Debmeister drops in a good post. Of course i didn’t read after the first line because ive read it all before

    • “There should be an immediate automatic hearing by a federal court anytime a constitutional issue is passed by any gov’t level. Law should require that level of scrutiny before it can go into effect.”

      Now, there’s a common sense justification for greatly expanding the federal judiciary, and the SC.

  3. Well, i hope the gun owners win. I also hope they realize that the restriction on concealed carry should be removed as well. Seeing as the 2nd Amendment did not specify how an Arm was to be carried; just that you had the right to bear.Enough of the BS, get this argument done and over with once and for always; for every state, county, township, municipality, city, village, rural area, etc….

    • “Full Faith and Credit shall be given in each State to the public Acts, ”

      Covers the issue. A state might (perhaps) have some restrictions on it’s citizens but has minimal authority over out of state visitors.

  4. If you’re a legal gat owner & continue to vote Dim(& RINO) you deserve what you get. Kamaltoe &Tampon Tim want to destroy the ability to conceal carry from state to state. I can carry with NO permit (constitutional carry) a mile away in nearby Indiana.

  5. But, but, the Revolution of 1776 was just a temporary aberration in March of Brit’-ish Civilization, a curious mix of Henry VIII, Marx and now leaning into Mohammed…

    /s, maybe…

    For further insight on why freedom of speech is freer of you don’t have it (especially Elon), chronograph the work of one Daisley on the Guardian site – note that you do not have the Right to Remain Silent in Merry Auld UK, either – they got that speech freedom thingie down pat. That is important to remember for when you get extradited.

    Apparently, Daisley used to work at twatter, BTW. Before it was X.

    • A prime example of opening the doors to everyone, not requiring them to “Americanize” and then putting them in positions that let them impose their values and cultures on us and now we have first and second generation “Americans” making/enforcing laws that align with their values and that contradict the Constitution… It hurts the heart watching this happen in the very place where the fight for freedom began…

    • I wouldn’t worry too much about an extradition to Britain.

      First, the 1st Amendment protects our right to freedom of speech regardless of wether or not the said speech is legal or illegal in Britain.

      Second, the 6th Amendment protects our right to a jury trial in the the State or district where the crime has allegedly been committed. So, if you are a keyboard warrior in Hoboken, the alleged crime must be prosecuted in Hoboken. Since said speech is legal in Hoboken, the case will be dismissed.

      • Dismissed by who? They hold that the crime occurs when the post is read. Read in UK, warrant issued in UK. Then they request extradition. Do you trust a Harris Walz DOJ to stop them?

        Further, we already have the sovereign govt of Mexico granted standing to sue Americans in American court, for making and selling a legal product, legally, here in the states…

        It ain’t a big jump to sue Americans for armchair incitement or hate speech, or whatever. Look to see a looted shopkeeper in London, suing Musk in US Court, soon.

        The main point I am trying to make is that these folks do not give two shits, they are serious and they are gonna try it. It seems laughable now, but…

        • “Further, we already have the sovereign govt of Mexico granted standing to sue Americans in American court, for making and selling a legal product, legally, here in the states…”

          That was a fuckup beyond belief!

  6. The entire point is to see how far the traitors can push their efforts to neuter the 2nd. If they succeed in delaying this for as long as they can they count that as a win. Then the push further. They may not know it, or perhaps they do, Nikita Kruschev’s famous line about pushing a bayonet.

  7. Too many states, cities etc think of themselves as “special” and do everything to limit the freedoms of good honest citizens. Ever since before and after the pertmitless carry law was in affect in Louisiana the dems and rinos have worked to make New Orleans and in particular the French Quarter a special place by declaring police stations as schools. Some of the trash politicians in New Orleans(dems&reps) will quickly stoop to any low, moan, groan and bawl about the so called “blood in the streets”. In reality they don’t give a damn about the honest citizen and many LEO types in New Orleans look at the good citizens of Louisiana as a bad guy while shouting deep concern for out of state visitors. Want to visit an outhouse, well then, visit New Orleans.

  8. More to the point of this article:
    Bad guys don’t bother to acquire a permit in or out of state, thus laws like this only affect and limit the good citizens’ ability of self protection.
    They balk at prosecuting bad guys and their attitudes of good citizens reflects their placing the carriage in front of the horse. They are more worried about what “may happen” vs the right to self defense when something “does happen”. And they think they can prevent things “from happening” by limiting the rights of good citizens. All the while taking no responsibility for things “when they happen”.

    • There is a web site you can use to check if your ssan was among those stolen … (and of course this post will show up later cause it has a link and posts with links go to moderation)

      https://npd.pentester.com/

      Enter the requested infi for first and last name and state where you live and year of birth…hit the search button and scroll down towards bottom….if your name and state and address is shown and the last two of the scan is shown in the list provided then your ssan is among those stolen (the site does not reveal your whole ssan, just the last two digits)

    • IE – overweight cop chick playing at SS agent doesn’t work (go back to TSA where located a week before).

      • It is and it isn’t. Their priority is making incompetence look clean and cool and business like to give an impression of ‘professionalism’.

      • Concealment isn’t a priority with the SS. Their priority is making incompetence look clean and cool and business like to give an impression of ‘professionalism’.

  12. SO then the States do not have the right to enact their own laws Is that correct.
    ;
    How does this control contravene the SECOND AMENDMENT which as far as I know does not even mention any RIGHTS concerning CONCEALED CARRY and seeing that very very few persons at the time the Second Amendment was written would have owned a HANDGUN and if they had it would have been a single shot MUZZLE Loader – not a lot of good for any bloody purpose. ‘ The fact is that as an ex UK Prime Minister said about SOUTH AFRICA
    and APARTHEID .
    ”The Winds of Change are [politically] blowing on South Africa and if you do not Bend to them they will Destroy you”’ or words to that effect, That Prime Minister was HAROLD MACMILLAN.
    If the GUN OWBNERS of AMERICA do NOT bend to reasonable Change it will DESTROY them as well.
    The Gun Owners of America must by now know that there is at the moment no intent to ban Firearms per sec. but they must also SURELY KNOW by now that these large, sometimes very large, sums of money being donated to fight the most sensible Firearms controls is NOT ABOUT any CONCEPTION of FREEDOM or SELF DEFENCE or REDUCING CRIME [ which it patently does not do anyway] but is an extension of MARKETING PLOYS by the Firearms Industry and it’s grip on corrupt Politicians and Members of the POLITICALLY Influenced JUDICIARY.
    I will also remind them of one other UNDOUBED FACT There is not a single Extremist Government either of the RIGHT or the LEFT that allows it’s citizens to LEGALLY roam the Streets Armed to the bloody TEETH. That some of them may well not have high Standards of enforcement is true But the security authorities in these Countries mostly SHOOT on Sigh.
    If you think that a Far RIGHT WING REPUBLICAN Government in the USA with the 2025 Agenda is going to let YOU roam the Street all tooled up and enact personal FREEDOMS you are seriously DELUSOINAL because it will be YOU lot that become DISILLUSIONED first..

    I think that we can agree that the 2025 Agenda is nothing short of a REPUBLICAN REVOLUTION and ALL Revolutions have the HABIT of Consuming their own Children, and if you area STUDENT of AMERICAN HISTORY that’s exactly what happened with the American Revolution The RICH paid LESS TAXES and a lot the or the POORER Classes paid taxes for the very first time. and RIOTS and DEMONSTRATIONS against the Government and there were many were put down with extreme prejudice by HIRED MERCENARIES;

      • “…seeing that very very few persons at the time the Second Amendment was written would have owned a HANDGUN”

        Bullshit.

        “… and if they had it would have been a single shot MUZZLE Loader – not a lot of good for any bloody purpose.”

        Well hallelujah! This ludicrous fake persona has finally admitted that reasonable self defense needs involve more than a single shot! Haha, can we get you to go so far as a double barrel? Preferably a WELL-REGULATED double barrel? Now, now, don’t faint, little buddy…

    • oh look who’s trying re-write our Constitution in his ignorant vision…. its Albert from the UK where the government oppressed its defenseless citizens for expressing their free speech by sending armed police to their homes to arrest them for expressing free speech on the internet …then wants to export that tyranny to the US by threatening to extradite US citizens from the US because they exercised their free speech on line….

      Albert thinks that’s perfectly fine cause he served in every branch of the British military, fought in WWI, and is a firearms expert that doesn’t know the proper parts if the firearms he claims to be expert with…beginning at the tender age of 14 or before he was born depending on which timeline he exposes is his crazy posts and being @108 years old according to a more recent one…as he gets drunk and by his own past admission beats up women.

      • “oppressed its defenseless citizens for expressing their free speech by sending armed police to their homes to arrest them for expressing free speech on the internet”

        Arrest, hell! They being handed prison sentences as we speak.

    • Seeing as Albert has declared this to be off the wall day (equating 2A rights and apartheid), here’s a little historical anecdote – in 1625, a very large black cockroach was noted in America. It is a non-native invasive species, originating in the Middle East, most likely brought here from Africa by BRITISH slave traders.

      A sample was sent in 1758 to a famous scientist named Linnaeus, who promptly named it the American Cockroach (P. americana), a name in use to this day.

      My point being that this knee-jerk disrespect of all things American, and importation of undesirable things by foreign nationals, has been going on for a VERY LONG TIME…

    • Albert, 2A protects individual people the right to keep and bear arms at least equivalent to modern light infantry, to seek individual training, maintenance and equipping to prevent and repel tyranny. Go back and bow down to your king in the UK and stay there!

    • “SO then the States do not have the right to enact their own laws Is that correct.”

      no, that is not correct. States can enact their own laws, but they can not be unconstitutional laws.

      what an ignorant question. Its almost like you’ve never heard of a constitutional republic or the constitution or freedom or liberty…oh wait, you haven’t because you live in the UK where your goverment uses armed force to oppress and arrest and imprison its defenseless citizens for exercising free speech on the internet… and you think that’s just fine.

    • “The fact is that as an ex UK Prime Minister said about SOUTH AFRICA
      and APARTHEID .
      ”The Winds of Change are [politically] blowing on South Africa and if you do not Bend to them they will Destroy you”’ or words to that effect, That Prime Minister was HAROLD MACMILLAN.
      If the GUN OWBNERS of AMERICA do NOT bend to reasonable Change it will DESTROY them as well.”

      Wow! you really missed the context on that one. he was speaking of, overall, ‘natural human rights’….ya know, natural human rights like.. freedom and liberty and the natural human right of defense against tyranny imposed on those. Our founders did the same thing in making it clear to government in our Constitution and by writing down some of them in 10 amendments to our Constitution. Ya know.. those natural human rights your country armed government is now oppressing by use of armed force through police forces to terrorize, oppress, arrest and imprison your defenseless disarmed citizens for expressing that natural human right called ‘free speech’ on the internet critizing government.

      • “That Prime Minister was HAROLD MACMILLAN.”

        you tried this BS post once before. that time you didn’t even know who said it and changed it to say he included ‘America’ in his statement. I replied to that post and pointed out the ignorance of your post the, and told ya the guys name to.

        You claimed, indirectly, to have been there when he made that statement. according to your comments then taken with your past comments it makes you ~108 years old and obviously you have dementia because you butchered it so badly and twisted it into something it isn’t like Joe Biden does.

    • “I think that we can agree that the 2025 Agenda is nothing short of a REPUBLICAN REVOLUTION …”

      a false statement.

      No, we can’t. that thing was the creation of a sub group of people at The Heritage Foundation’ who decided to associate Trump with it.

      it is not republican party or Trump platform. in fact Trump has denied having anything to do with it and has stated …

      “I know nothing about Project 2025. I have no idea who is behind it. I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.”

      But, in the mean while Kamunism Harris and fellow marxist Tampon Tim continue to push a socialist communist agenda, and have no policy at all and feeding their groupies in their cult ‘good vibes’ and ‘joy’ and ‘cackles’ to keep them duped as she makes promises neither the president or congress can constitutionally enact because they don’t have the constitutional authority to do so.

      you betray yourself in your posts Albert that you too are a marxist socialist communist, either that are just plain stupid with zero understanding of the subject.

  13. On Shooting Your Way Out | Blog & Mablog. (and in video recommendation to stock up on guns & ammo)

    “I trust that you are braced for Operation Gaslight. You are about to witness the power of propaganda, where the principalities of the media, by sheer dint of brazen and shameless lying, will try to convince millions of people that Kamala was never ever the border czar. That, my friend, is what we here at Fact Checkers Incorporated call ‘misinformation.’ You know, fake news. What were you thinking?

    In response to this, we need to make it our disciplined practice to contradict all manifest lies. Kill every cockroach you see, whether it is a big one or a little one or an in between one.”

    https://www.youtube.com/watch?v=gKKVcyw38lw

  16. The Kamala Harris DISASTER.

    “The world reacts to Vice President Kamala Harris’s economic plan and price controls proposal. It isn’t good. Most economists agree that fixing prices in the name of “price gouging” would be an unmitigated disaster for the US economy. An economy that has already been weakened by wanton abuse of economic powers. History tells us that in almost every situation throughout civilization any appreciable long-term price controls lead to serious deleterious economic and social impacts. Including but not limited to: Shortages, black markets, inferior products, and rationing. In short, if you want to really mess up this economy like it has never been messed up before let the government mess with things it has no business regulating. This is a common theme these days.”

    https://www.youtube.com/watch?v=O9jixzOO66c

  17. How Do I Withdraw (Your) Amnesty Form 1 Application?

    “You did it, didn’t you? Ya you did. You submitted an amnesty Form 1 during the whole pistol brace fiasco, and now you want to withdraw it, right? Washington Gun Law President, William Kirk, discusses that exact issue as there are thousands of you that are now stuck in Form 1 Purgatory. Is there anything that you can do? If so, how do you do it? Well, we answer all of those questions today so that you can arm yourself with education.”

    https://www.youtube.com/watch?v=WjatjYvKz2M

      • well she has this ‘suicide cult’ like following and personna…with people intent on suicide, its extremely extremely extremely, almost astronomically, rare they will not comit suicide…. except the cult leader who after they have comitted suicide will blame it on someone or something else and recruit new members who will be more than happy to worship them and ‘donate’ to the cause for freedom to comitt suicide.

        • The fact the woman cannot answer the question is irrelevant to nearly half the voters, and likely has no meaning for the so-called vote block identified as “the undecided”, who apparently control all electoral outcomes.

          Discovering an objectionable fact is not indicative of re-evaluation of one’s bias, and thus a change of mind.

  19. Another opportunity is Oregon. Resident CCW is shall issue while non-resident is may issue. And most sheriffs won’t issue or do so under restrictive rules, like owning a business in Oregon. For those sheriffs who will issue, it requires an in-person application.

  20. So, it’s legal to drive a potentially dangerous vehicle anywhere but not have a sidearm. And considering the conditions in many cities these days, perhaps the sidearm would be of more value than a vehicle.
    Yeah, I know, driver’s license etc. Sure, a DL is allegedly required to operate a vehicle. Has not having the card ever stopped anyone? Or some basic proficiency is required etc. With the test dumbed down to the point the average 16 year old who read the pamphlet can easily pass.
    And don’t forget driving is considered a privilege not a right.
    And last consideration. Exactly how do these ridiculous requirements prevent anyone from acquiring a weapon or committing some act of violence if they so desire. The only people these idiotic permits/license schemes prevent from being armed are the very law abiding people who are not and never have been a problem.

  21. in the state that fired “the shot heard round the world”. they really do hate the United States as founded. give it to them good and hard…

  24. Come on.

    Constitution mandates “ Full faith and credit: States must give “full faith and credit” to the laws, records, contracts, and judicial proceedings of other states.”

    2AM laws from one state must be given ‘full faith and credit’ in another. Otherwise, burn interstate contracts and interstate commerce.

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