Got this From Kang Lu, an NH liberty activist with ties to Mass:
"Dear Friends and 2A Supporters,
I’d like to give a warm thanks to the Six New Hampshire State Reps who filed an amicus brief with the Massachusetts Supreme Court in the case of Commonwealth v. Philip Marquis!
THANK YOU:star: to Representatives Jason Gerhard, Matthew Coulon, Tom Mannion, Nikki McCarter, Diane Kelley, and Leah Cushman!!!
The amicus has been posted on the SJC’s website: https://www.ma-appellatecourts.org/docket/SJC-13562, and attached for your convenience.
Here’s a brief summary:
Mr. Marquis, who lives in Rochester, New Hampshire, crashed his car while going to work near Lowell Mass. He was incidentally found to have a handgun. Officers cleared the crash site, seized his arms, and gave him a civil motor vehicle citation and issued a summons for “carrying an unlicensed firearm,” which is a felony in Mass. He was not arrested at the scene.
The main arguments of the amicus brief are:
0) An as applied constitutional challenge may be successful when it can be shown that the challenged statute does not cover the defendant’s particular conduct.
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Statutory rules of construction must be applied before any constitutional analysis; and the statutes are clearly intended for “Crimes Against Public Peace” and to the “Administration of the Government” for the “Public Safety and Good Order,” neither of which are properly applied to the peaceful exercise of Second Amendment rights.
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By collecting about $10 million a year in fees, the government is materially incentivized to market and to impose its licensing scheme upon all persons for all purposes, even those to whom it does not apply, such as ordinary Americans not in the business of Public Safety and Security. This creates an unlawful conflict, as a reasonable person would question the state’s impartiality when it stands to profit by imposing the license through the threat of prosecution.
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This prosecution subverts the principal-agency relationship between the people and the agencies of government, which are established to serve them, in violation of Article V of the Massachusetts Declaration of Rights. Which states all power resides originally in the people and government officers are accountable to them at all times.
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This prosecution violates Article VII of the Declaration of Rights, because it does not promote the common good, and is instead instigated by officers who have turned the state’s firearms regulations into a tool of exaction and control for their own profit or private interests, which they deploy under color of law, to chill the exercise of a fundamental right secured by the Constitution.
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The seizure of Marquis’s arms not only violates his substantive rights secured by the Second Amendment, which are “among those fundamental rights necessary to our system of ordered liberty,” (McDonald v. Chicago) but it also violates private property rights secured by the Fifth Amendment.
Well, there it is, Bearers! Until next time, Thank You, God Bless, and
Bear Arms "