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New Hampshire is leading an effort from 25 states to challenge a Massachusetts gun law, and this month, they’re taking it to the Supreme Court.
The centerpiece of the argument is the Pheasant Lane Mall in Nashua, N.H., which reaches across state lines into Tyngsborough. If shoppers park on the south side of the mall’s parking lot, they might end up crossing state lines during a visit.
The attorneys general of New Hampshire and 24 other Republican-led states say this poses a potential problem for firearm holders. A New Hampshire resident who is legally carrying a firearm on their home state’s side of the parking lot may inadvertently be breaking the law when they cross the lot into Massachusetts, where it is illegal to carry without a permit.
Joining New Hampshire are the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming, who are calling the arrangement unconstitutional. The states have rallied behind Phillip Marquis of Rochester, N.H., to ask the Supreme Court to protect out-of-state residents from Massachusetts’ firearms regulations.
“The geography of the mall is such that a New Hampshire resident might find themselves in Massachusetts if she parks on the south side of the parking lot or visits Buffalo Wild Wings,” reads a brief from the New Hampshire Attorney General’s Office to the Supreme Court. “If that person is carrying a firearm without a Massachusetts license — which would be constitutionally protected activity in most of the mall—that person risks being charged as a felon and facing mandatory incarceration in Massachusetts.”
The trouble began for Marquis in 2022 when he was in a car accident in Massachusetts, according to the brief. When police arrived, he informed them that he had a pistol on him and was subsequently charged with carrying a firearm without a license.
Marquis previously sued the Commonwealth for the burdens that Massachusetts’ firearms permit law creates on out-of-state visitors, but the Massachusetts Supreme Judicial Court denied his claims. They ruled in March that the state’s nonresident firearms licensing laws were constitutional, according to court documents.
Claiming that the Massachusetts court denied him his Second and Fourteenth Amendment rights, Marquis has petitioned the Supreme Court to federally overrule that court’s decision. In his petition, Marquis invoked New York State Rifle & Police Association, Inc. v. Bruen, where the court established that state firearms restrictions must be covered by the Second Amendment or adhere to historical firearms regulations.
Using Bruen, Marquis and the Republican attorneys general supporting him are aiming to prove that there is no justification for applying Massachusetts’ firearms restrictions to out-of-state residents and that to do so would be unconstitutional. However, the state’s Supreme Judicial Court found the law constitutional even under Bruen because it intends to prevent dangerous people from obtaining firearms, just as historical regulations have done.
“To the extent that the Commonwealth restricts the ability of law-abiding citizens to carry firearms within its borders, the justification for so doing is credible, individualized evidence that the person in question would pose a danger if armed,” the Supreme Judicial Court’s decision read. “Both case law and the historical record unequivocally indicate that this justification is consistent with ‘the Nation’s historical tradition of firearm regulation.’”
It’s not immediately clear if the Supreme Court will respond to Marquis’ appeal or when it will make any kind of decision, but lower courts are at something of a crossroads with how and when to apply Bruen to gun possession cases. As such, they are looking to the Supreme Court for a more definitive answer.
Since the proof of historical context that Bruen requires has led to some uncertainty, any ruling that these lower courts make is likely to amount to a partisan decision. However, if the Supreme Court provides more substantive clarity in a response to Marquis, these lower courts just might find the answer they are seeking.
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It swims in the family.
A mother and calf wandered off the beaten path and got stranded in a Massachusetts marsh, forcing an emergency mammal rescue crew to save the wayward dolphin pair.
On Dec. 8, the Wareham Department of Natural Resources responded to a report of two stranded dolphins in the area of Beaverdam Creek off of the Weweantic River, a 17-mile tributary that drains into Buzzards Bay, which directly connects to the Atlantic Ocean.
When crews arrived, two common dolphins were located alive and active, but partially out of the water stranded in the marsh, according to the Wareham Department of Natural Resources.
Responding authorities alerted the International Fund for Animal Welfare (IFAW) Marine Mammal Stranding Response Team, based in Cape Cod.
IFAW team members put the dolphins on stretchers and brought them to safety, where they conducted preliminary tests on the wayward dolphins.
“Our teams were easily able to extract the animals and transport them via our custom-built rescue vehicle,” Stacey Hedman, senior director of communications for IFAW, said.
The dolphins were weighed; the smaller of the two weighed approximately 90 lbs, and the larger mammal around 150 lbs.
Upon further analysis, it was revealed that the dolphins were an adult female and a socially-dependent juvenile female, a mother and calf pair.
According to Hedman, IFAW had some concerns over the mother’s decreased responsiveness and abnormal blood work, though it was deemed the pair was healthy enough to release back into the ocean at West Dennis Beach in Dennis, Mass.
“By releasing them into an area with many other dolphins around, this would hopefully increase their chances of socialization and survival. Both animals have satellite tags that are still successfully tracking,” Hedman said.
A 19-year-old Massachusetts man was seriously injured after he was thrown from a moving vehicle he had grabbed onto during a domestic dispute Thursday morning.
Duxbury police said they responded to a report of an injured male who might have been struck by a vehicle on Chandler Street around 5:22 a.m. and found a 19-year-old Pembroke man lying in the roadway with serious injuries.
Through interviews with witnesses, officers learned that the man had gone to his ex-girlfriend’s residence on Chandler Street to confront her current boyfriend. An altercation ensued, during which police said the 19-year-old appears to have jumped on the hood of a vehicle and was then thrown from the moving vehicle.
The incident remains under investigation, police said. At this time, they said no charges have been filed.
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Massachusetts health officials announced Tuesday that the state has confirmed its first case of an incurable lung disease linked to exposure to certain countertop stones.
The disease is particularly associated with quartz, which has become increasingly popular in recent years for its practicality and aesthetic, according to health officials.
The Massachusetts Department of Public Health (DPH) said a 40-year-old man, who has worked in the stone countertop industry for 14 years, was recently diagnosed with silicosis, a condition that can cause death.
“The confirmation of this case in Massachusetts is a tragic reminder that silicosis is not just a distant threat. It is here, and it is seriously impacting the health of workers in Massachusetts,” Emily H. Sparer-Fine, a director at DPH, said in a statement.
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Kitchen with a quartz countertop Nov. 15, 2017, in Ballston Lake, N.Y. (John Carl D’Annibale/Albany Times Union)
The unnamed patient reportedly performed activities such as cutting, grinding and polishing, which can generate crystalline silica dust. When inhaled, this dust scars lung tissue and can lead to silicosis, DPH said.
The disease is preventable but irreversible and progressive, officials said. Symptoms include a persistent cough, shortness of breath, fatigue and chest pain. Because there is often a long latency period between exposure and symptom onset, diagnoses are frequently delayed, according to DPH.
As the disease progresses, it can result in serious complications, including lung cancer, tuberculosis and even death, the department added.
Officials added that “most cases of silicosis are work-related – it is very rare for silicosis to occur outside of workplace exposure.”
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A father and son set up a quartz countertop at a booth in Albany Sept. 15, 2011. (John Carl D’Annibale/Albany Times Union)
Officials said the risk exists when handling natural stones, such as granite, but is especially high when working with engineered stone, such as quartz. While natural granite typically contains less than 45% silica, engineered stone can contain more than 90%, DPH reported.
“In recent years, the disease has become more prevalent among stone fabrication workers due to the rise in popularity of countertops made from engineered stone (also known as quartz or artificial stone),” DPH reported.
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An employee applies a sealant to sheets for countertops May 14, 2014. (Craig Warga/Bloomberg)
The department noted that, while this is the first confirmed case in Massachusetts within this industry, more cases are expected due to the disease’s long latency period and the rising popularity of engineered stone.
Other states have also reported cases of silicosis. In a 2023 study, California researchers identified 52 quartz countertop workers with silicosis. Twenty of them had advanced disease and 10 died.
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Despite the disease’s potential severity, there has not been an outright ban on quartz in U.S. kitchens. By contrast, all work involving engineered stone has already been banned in Australia due to the severe risks it poses to workers. Other countries are also pushing for more regulations.
The DPH emphasizes that silicosis is “absolutely preventable” through proper workplace controls. The alert urges employers in the stone countertop fabrication industry to implement effective safety measures, such as wet cutting and proper ventilation, to minimize silica exposure and protect workers.
“Silicosis is a devastating, life-altering disease and one that is also absolutely preventable,” Public Health Commissioner Robbie Goldstein said in a statement.
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