Quote:
Originally Posted by GaryS
The court in MA will NOT recognize a SCOTUS decision. They haven't so far, at least not in 2A cases. That includes the recent order (not opinion) from SCOTUS on a stun gun case where the opinion of the MA Supreme Judicial Court (SJC) was overturned and remanded back. The SJC has ignored that ruling, although the conviction was vacated. There is currently litigation to force the state to make stun guns legal in compliance with the order.
That is what we face in this state.
As I recall and LenS can confirm or correct me, while a denial to issue a LTC is can be appealed to a MA district court, restrictions are not subject to appeal.
Please give me a cite for the Shepard case as I am unfamiliar with it. Heller and McDonald I have read several times.
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The 2014 law codifies the right to appeal a restriction in court. However, Comm2A, myself and others knowledgeable of how the "system" operates, are convinced that it is money and time wasted to appeal a restriction in court. The judge will almost always (99% certainty) side with the police chief over the unwashed plebe who had the audacity to question the wisdom of the chief!
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