Pubdate: Sat, 19 Apr 2014
Source: Boston Herald (MA)
Copyright: 2014 The Boston Herald, Inc
Contact:  http://news.bostonherald.com/
Details: http://www.mapinc.org/media/53
Note: Prints only very short LTEs.
Author: Bob McGovern

JUDGE: OUT-OF-STATE POT RAP CAN'T STOP GUN OWNERSHIP

A federal judge yesterday ruled that two Bay State men - previously 
convicted of marijuana possession in other states - could not be 
denied the right to have guns in their homes for self-defense 
purposes based on their prior drug crimes.

U.S. District Court Judge Richard Stearns ruled that Michael Wesson 
of Salisbury and Thomas Woods of Natick have a Second Amendment right 
to own firearms despite being convicted of possessing weed in the 
past. Sterns said the portion of the Massachusetts Gun Control Act 
that disqualifies gun applicants who had previously been convicted of 
possessing a controlled substance was unconstitutional, as applied to 
the two men.

"What they are seeking is a vindication of their personal Second 
Amendment rights to purchase and possess firearms for home 
self-defense," Stearns wrote. "They also seek, as an extension of the 
core right of home self-defense, the right, subject to reasonable 
restrictions, to transport firearms to a shooting range or other 
lawful location to maintain proficiency in their use."

The ruling did not toss the state gun law. Rather it showed that 
those who have previously been convicted of possessing marijuana may 
be able to get a gun in Massachusetts based on the state's softened 
stance on the drug.
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MAP posted-by: Jay Bergstrom