An individual only loses a constitutional right if he commits an offense or is or has been engaged in certain behavior that is covered by USC section 922. He doesn't lose that right simply by traveling into an adjoining state whose statute mandate that residents of that state obtain a license prior to exercising their constitutional right. To hold otherwise would inexplicably treat Second Amendment rights differently than other individually held rights.

Therefore the court finds that GL. 269, sec. 10(a) in unconstitutional as applied to this particularly situated defendant and Allows the motion to dismiss on that ground.

Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without <an excuse> shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

CowboyT wrote: Tue Aug 22, 2023 2:00 pm Indeed. Courts are slowly forcing states like Massachusetts to actually respect Constitutional rights of law-abiders. This is a good decision.

I'd like to see it applied on a greater scale as well, similar to how driver's licenses are today.