New Hampshire Attorney General Pushes Back Against Massachusetts Gun Laws As 2 Men Face Felony Charges

New Hampshire Attorney General John Formella has taken a bold stance, asserting that residents crossing state lines with firearms should not face severe legal consequences under Massachusetts’ restrictive gun laws.

His involvement stems from two New Hampshire men charged in Massachusetts for carrying firearms without proper licensing.

Challenging Massachusetts’ Gun Restrictions

On Monday, Formella submitted briefs to the Massachusetts Supreme Judicial Court, supporting the New Hampshire men, who argue they should not be prosecuted under Massachusetts law.

The dispute centers on the defendants’ right to carry firearms in their home state of New Hampshire and whether that right should be upheld when they cross into Massachusetts.

“By challenging Massachusetts’ restrictive firearm laws, we are affirming that constitutional freedoms should not be undermined by inconsistent and overly burdensome regulations,” Formella stated.

He emphasized that responsible gun owners should not live in fear of criminal prosecution simply for crossing state borders.

The Case Against Prosecution

One of the defendants, Philip Marquis, was involved in a car crash on Interstate 495 in Massachusetts.

According to Marquis, he voluntarily informed police that he had a pistol in his possession, though he did not have a Massachusetts firearms license.

Formella’s filing with the court challenges the logic of stripping gun owners of their Second Amendment rights the moment they cross into Massachusetts.

He specifically referenced the Pheasant Lane Mall, which straddles the state line, as an example of how confusing and potentially unfair these laws can be for residents living near the border.

“Surely the Second Amendment’s protection of a person’s right to carry a firearm for self-defense is not so fragile as to allow Massachusetts to compel a New Hampshire citizen to choose between exercising his or her right to self-defense and visiting the Buffalo Wild Wings at the Pheasant Lane Mall,” Formella argued.

Legal Repercussions of New Hampshire AG case

Massachusetts has some of the strictest gun laws in the country, and the consequences for violating them can be severe.

Retired Massachusetts Judge Jack Lu commented on the gravity of such offenses, explaining, “You get caught with a gun in Massachusetts, you’re in for one of the most traumatic experiences of your life. This is not a glorified speeding ticket.”

While Judge Lu acknowledged the severity of the punishment, he questioned whether incarceration was the most effective method of enforcing these laws. “It doesn’t help to lock them up though,” he said.

“You can do a lot of things to people besides lock them up. You can change their behavior better that way, than by locking them up.”

Defense of Massachusetts Gun Laws

Massachusetts officials, however, stand by their laws.

Middlesex County District Attorney Marian Ryan is appealing a Lowell District Court judge’s ruling that Massachusetts cannot prosecute out-of-state residents who are legally entitled to carry guns in their home state.

Ryan argues that the New Hampshire defendants were treated no differently than Massachusetts residents would be under similar circumstances.

“The judge’s rationale deprives the Commonwealth of its right and obligation to enforce its laws equally for all those who are within its borders,” Ryan stated in her appeal.

She maintained that the defendants could have applied for non-resident firearm licenses but failed to do so.

Massachusetts Attorney General Andrea Campbell echoed Ryan’s sentiments, stating that Massachusetts law enforcement has every right to apply its regulations equally to all within the state’s borders, regardless of where an individual resides.

“Massachusetts applies its laws evenly to residents and non-residents alike,” Campbell said.

“Nothing in the Constitution prohibits Massachusetts law enforcement officers from enforcing state law within its own borders, simply because someone is from a different state.”

A Key Decision Awaits

The case has garnered significant attention and could have implications for how states handle gun laws across borders. It is scheduled to be heard by the Massachusetts Supreme Judicial Court on September 9, where a decision could redefine the legal landscape for gun owners traveling between states with varying firearms regulations.

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