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Guns for Me, Not for Thee: MA Circuit Court Ruling on Concealed Carry Case

Posted on January 7 2010 1:00 pm
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In yet another stunning blow to 2nd amendment rights, the Massachusetts First Circuit Court has ruled in favor of a police officer who confiscated the weapon and concealed carry permit of attorney Greg Schubert.  The Weekly Standard details this and two other cases involving Americans lawfully carrying firearms, practicing a basic freedom as citizens, and subsequently losing ground to do so in the future.

Madison Conservative, a Hot Air Green Room contributer, wrote an excellent post on the topic.  He includes a legal break down of the MA case, detailing the Police department’s initial response to the incident.  Amazing:

On July 26, 2006, Schubert filed a citizen’s complaint against Stern for his conduct on July 21. As a result of the report, the Springfield Police Commissioner recommended that Stern be retrained on Massachusetts firearms law but found no specific wrongdoing on Officer Stern’s part and did not recommend disciplinary action.

Wait.  Doesn’t retraining imply either faulty information or expiration of information if a “refresher course” is needed at all?  Why the need for “retraining” if no wrongdoing occurred?  Why not publicly declare Officer Stern’s conduct to be status quo for your department?  Madison Conservative concludes:

This is an admission that Stern had already been trained on firearms law, and ignored it. That no disciplinary action was taken is disgusting. That no wrongdoing was found is horrific. Ultimately, the fact that the courts upheld this unlawful stop, unlawful search, and unlawful confiscation, is an affront to both the First Circuit Court and the Massachusetts District Court. They view the Constitution as toilet paper.

Keep taking it higher, Mr. Schubert.  Maybe we’ll see what the folks who struck down the DC gun ban think of your case.

Wisdom tells us to pay attention to this case and those related.  This legal incrementalism subtly erodes our ability to fend off those who would seek to harm us and our property, as well as a government seeking to usurp our endowed liberty.  It is the latter which every generation of Americans must ultimately fight to preserve.

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