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Lawyers, guns and politics

September 10, 2008

In a decision issued in June, the U.S. Supreme Court ruled that the Second Amendment guarantees individuals the right to bear arms for non-military uses.

Gun-control advocates reacted strongly, fearing that gun-rights supporters would now have a powerful new legal tool at their disposal to strike down laws regulating firearms across the nation.

A New York Times editorial on the subject warned that “[t]his audaciously harmful decision, which hands the far right a victory it has sought for decades, is a powerful reminder of why voters need to have the Supreme Court firmly in mind when they vote for the president this fall. … If the court is allowed to tip even further to the far right, there will be even more damage done to the rights and the safety of Americans.”

But the politics of this decision might be clouding the actual impact of the ruling, which is much narrower than one might gather from the headlines it has prompted.

For example, it remains to be seen what the particular impact of the decision will be in Massachusetts, long known for gun-control laws that strike an intelligent balance of Second-Amendment rights and public safety.

In February, the Washington, D.C.-based Brady Campaign to Prevent Gun Violence praised Massachusetts for its tough gun laws. According to the group, the commonwealth placed third on its list of states with strong gun regulations.

John Rosenthal, a gun owner and founder of Stop Handgun Violence, told the MetroWest Daily News that more states should follow Massachusetts’ lead.

“There’s always more to be done to reduce gun violence,” said Rosenthal, who said guns used in crimes here are often from states with more lenient laws, such as New Hampshire, Vermont and Maine.

Massachusetts lawyers believe that the ruling will not override much of the state regulations that have developed over the years, although it may take time before this is all sorted out in the commonwealth.

In the end, it is hoped that Massachusetts’ gun-control laws, the product of many years of honing, will not suffer any sort of overhaul. {EXA}

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