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2nd Amendment Gun Laws Upheld by District Court

United States District Court Judge Ricardo M. Urbinia, in the Federal District Court of Columbia, recently applied the Supreme Court’s decision in District of Columbia v. Heller which created a constitutional right to have a gun.

In Heller, the United States Supreme Court rejected a government’s ban on handguns along with a separate requirement that guns in someones home be kept locked or disassembled. The Heller case marked the first time the U.S. Supreme Court interpreted the Second Amendment as guaranteeing the right to have a firearm. The Supreme Court stated that “[a] ban on handgun possession in the home violate[d] the Second Amendment, as its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.”

The Supreme Court did go on to say, however, that some form of gun control or regulation could still be valid despite the Second Amendment Right to Bear Arms.

The District of Columbia’s new gun laws, which were upheld by Judge Urbina in light of the Heller ruling consist of:

  1. All guns must be registered.
  2. An assault weapons ban.
  3. A ban of large capacity magazines.

In Massachusetts, Gun Control Licenses vary, depending on the city in which you apply. Generally, to apply for either a Class A or Class B Firearms Identification Card, you must submit a written application; show proof of having attended a Firearms Safety Course confirming your having been educated with the proper use and safety of firearms; and submit to a ‘test’ by the local police department demonstrating your use of a firearm.

Even if you own a gun, shotgun or any firearm lawfully, you must still abide by the proper safety, storage and transportation laws related to firearms. Failure to keep your guns/firearms properly stored or locked could result in criminal Gun/Firearms Charges being brought against you.

If you have been charged with a gun crime, you should immediately consult with an experienced Boston Criminal Defense Lawyer.

To schedule a Free Consultation with a Massachusetts Criminal Attorney, e-mail Attorney Travayiakis or call him directly at 617-325-9500.