New Hampshire Attorney General John Formella said Monday that Massachusetts should not have the right to prosecute residents who cross state lines with their guns, WBZ reported.
In briefs filed with the Massachusetts Supreme Judicial Court, Formella defended two New Hampshire men who were charged with unlawfully carrying weapons into Massachusetts without the proper firearms license, according to WBZ.
Formella said in a statement that his challenge was directed at “Massachusetts’ restrictive firearms laws,” and “we are affirming that constitutional freedoms should not be undermined by inconsistent and overly burdensome regulations.” (RELATED: ‘Second Amendment Sanctuary’ Bill Passes Wisconsin Senate, Head To Governor’s Desk)
New Hampshire Attorney General John Formella, a @GovChrisSununu appointee, is suing to make Massachusetts change its gun laws for New Hampshire residents https://t.co/5V9wr6t66o #BosPoli #MaPoli @MassAGO pic.twitter.com/hgicmDjOZN
— Chris Lynch (@TeaPartyUSA1) August 21, 2024
Formella added, “This is all about ensuring that responsible gun owners can protect themselves without fear of unjust legal consequences when they cross state borders.”
A Lowell District Court judge had previously ruled that those legally entitled to carry guns in their home state can’t be prosecuted in Massachusetts for illegally carrying guns, according to the outlet.
“Massachusetts, like many states, deals with significant and substantial crime in its communities,” Formella’s filing said. “Accordingly, it is illogical to think that the moment a New Hampshire citizen crosses the border into Massachusetts that he or she is stripped of his or her constitutionally protected right to self-defense.”
In his arguments, Formella referenced the Pheasant Lane Mall, which sits directly on the state border, WBZ reported.
Since the border runs directly through the mall’s parking lot, Formella stated, “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.”
Middlesex County District Attorney Marian Ryan defended her state’s prosecution of the two New Hampshire men, stating that they were treated “exactly the same as Massachusetts residents” under the law, WBZ reported.
“Nothing in the Constitution prohibits Massachusetts law enforcement officers from enforcing state law within its own borders,” Massachusetts Attorney General Andrea Campbell said, according to WBZ.
The Supreme Judicial Court of Massachusetts will hear the case Sept. 9, the outlet reported.
