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National gun rights group to appeal ruling upholding Massachusetts’ ban on assault weapons

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National gun rights group to appeal ruling upholding Massachusetts’ ban on assault weapons


A national gun owners advocacy group has vowed to appeal a federal judge’s ruling that Massachusetts’ assault weapons ban is constitutional.

Bay State resident Joseph Capen and the National Association for Gun Rights, a nonprofit advocacy group, challenged the law banning the sale and possession of assault weapons and large capacity ammunition magazines, arguing that it burdens their constitutional right to keep and bear arms under the Second and Fourteenth Amendments.

They filed the lawsuit in September 2022, months after the Supreme Court handed down a ruling in the landmark Bruen case, requiring states to fashion gun laws in line with the history and tradition of the Second Amendment.

Capen alleges that, if it weren’t for the ban, he would purchase certain firearms and magazines “to keep in his home for self-defense and other lawful purposes.”

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Massachusetts U.S. District Court Chief Judge Dennis Saylor on Thursday denied a request to halt the ban which he said is consistent with the country’s historical tradition of limiting access to “dangerous and unusual weapons” due to their lethal nature and relative lack of use for self-defense.

Hannah Hill, NAGR’s director of legal affairs, indicated in a social media post Friday that the group will be appealing the decision to the First Circuit Court of Appeals in the new year.

“And the Grinch Award goes to our MA judge, who totally tried to ruin Christmas with this denial of preliminary injunction in our lawsuit to overturn the Romney assault weapons ban,” Hill stated on X, the social media platform formerly known as Twitter. “Appeal to the 1st Circuit coming in 2024!”

The statute at issue, modeled after the 1994 Public Safety and Recreational Firearms Use Protection Act, prohibits the possession, sale, and transfer of certain semiautomatic assault weapons and magazines capable of holding more than 10 rounds of ammunition or more than five shotgun shells.

Then-Gov. Mitt Romney implemented the statute after the federal act expired in 2004.

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Capen and NAGR claimed restrictions on “dangerous and unusual weapons” cannot apply to today’s firearms because they are “in common use.”

Saylor, however, countered: “The relevant history affirms the principle that in 1791, as now, there was a tradition of regulating ‘dangerous and unusual’ weapons — specifically, those that are not reasonably necessary for self-defense.”

Stuart Cahill/Boston Herald

Massachusetts AG Andrea Campbell speaks at a press conference in July on the regulation and banning of ghost guns. (Stuart Cahill/Boston Herald)

Attorney General Andrea Campbell in February opposed the plaintiff’s request, saying that “combat-style assault rifles and large-capacity magazines … pose an inordinate risk to the safety of the public and law enforcement officers, with no meaningful utility for individual self-defense.”

On Friday, Campbell called the court’s decision a “significant win that will protect the public and continue Massachusetts’ leadership on gun violence prevention.”

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Saylor found that Capen and NAGR did not “seriously challenge” their assertion that AR-15s are useful for “ordinary self-defense purposes,” as they reiterated the banned weapons are in “common use” across the country.

“The features of modern assault weapons — particularly the AR-15’s radical increases in muzzle velocity, range, accuracy, and functionality — along with the types of injuries they can inflict are so different from colonial firearms that the two are not reasonably comparable,” Saylor wrote in his order.

In June, NAGR President Dudley Brown claimed Massachusetts has been violating the Second Amendment “for decades” and that he believed the Bruen ruling would lead to the lifting of the assault weapons ban.

“If the court disagrees and refuses to grant us a preliminary injunction, we look forward to appealing to the First Circuit Court of Appeals and on to the Supreme Court if necessary,” he said. “Bans on commonly owned weapons fly in the face of both the Constitution and the Supreme Court’s Heller and Bruen rulings, and they cannot be allowed to stand.”

The upholding of the ban comes after the state House approved a sweeping gun reform bill in October that police chiefs across the state unanimously oppose.

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The bill, which has yet to receive action from the Senate, looks to update the definition of assault weapons and crack down on the sale of ghost guns, among other objectives.

“While the Commonwealth annually ranks as one of the safest states in the entire country from gun violence, the Supreme Court’s Bruen decision nullified existing components of our gun laws, threatening the safety of the Commonwealth’s residents,” House Speaker Ron Mariano said in October.

NAGR has taken exception to the comprehensive bill, issuing a travel advisory in July for gun owners to and within Massachusetts in response to the proposed reforms.

“Your gun rights and your freedom are at serious risk in the Commonwealth of Massachusetts,” Brown said in a release highlighting the advisory. “If you live there you might want to pack your bags and if you are thinking of traveling there, you need to reconsider.”





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Massachusetts

Massachusetts should get ‘much-welcomed’ rain, even snow in spots amid ‘Critical Drought’ as wildfires keep burning

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Massachusetts should get ‘much-welcomed’ rain, even snow in spots amid ‘Critical Drought’ as wildfires keep burning


Have you ever been so excited for some rain?

As Massachusetts enters the “Critical Drought” status with dozens of wildfires burning across the region, meteorologists are predicting that some “much-welcomed” rain should arrive soon. Even wet snow will be possible in higher elevation spots on Thursday night.

The Bay State desperately needs this precipitation following an unprecedented lack of rain in recent months, triggering this brutal drought and sparking brush fires.

Over the past 30 days, most of the state has received less than an inch of rain, which is 3 to 4.5 inches below normal. Many areas recorded their lowest rainfall ever for this time of the year.

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“Slow-moving frontal system brings overcast and much-welcomed rains Thurs into Fri, which could mix with wet snow at locations above 1,500 ft elevation Thurs night and Fri.,” the National Weather Service’s Boston office wrote in its forecast discussion.

The latest wildfires in the region were reported in Blue Hills Reservation on Tuesday, as firefighters battled the 40-acre blaze.

“The DCR Fire Control team, in coordination with the Milton Fire Department, is actively working to contain the fire and ensure public safety,” the state Department of Conservation and Recreation posted. “DCR urges the public to avoid the area to allow emergency responders to work safely and to take precautions against smoke.”

As of Tuesday, there were about 37 active wildfires across the state. This year’s fire season has lasted longer because of the dry conditions. Hundreds of wildfires have broken out across the state since the start of October, burning more land than Massachusetts usually sees in an entire year.

A “Critical Drought” was declared across most of the state on Tuesday, except for the Cape and Islands regions.

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“Massachusetts is experiencing critical drought conditions that are fueling unprecedented and destructive wildfires across the state,” Energy and Environmental Affairs Secretary Rebecca Tepper said in a statement. “Climate change is reshaping our region’s weather patterns, resulting in warmer and drier fall and winter seasons.

“Water conservation is more important than ever,” Tepper added. “We urge municipalities, residents, and businesses — including those with private wells — to help us reduce stress on our water systems. We need to work together to ensure we have enough clean drinking water, protect wildlife habitats, and maintain effective fire control. Every small effort counts.”

Tree workers stroll through the smoke as firefighters battle the Blue Hills brush fire. (Stuart Cahill/Boston Herald)

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Blue Hills brush fire sends smoke into surrounding Massachusetts towns

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Blue Hills brush fire sends smoke into surrounding Massachusetts towns


Next Weather: WBZ morning forecast for November 19, 2024

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Next Weather: WBZ morning forecast for November 19, 2024

01:42

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MILTON – A new brush fire has developed in the Blue Hills State Reservation, sending smoke into surrounding Massachusetts communities.

The fire near Houghton’s Pond in Milton has burned 41 acres of the popular hiking area, and was only 10% contained as of Monday evening, according to the Department of Conservation and Recreation. A smoky smell was reported in towns to the southeast, including Braintree, Brockton and Randolph. 

Fire departments from several nearby towns are helping to fight the flames. Canton firefighters in a social media video showed crews performing a controlled “back burn” to keep the main fire from spreading further.

FINAL UPDATE: Units are being released from the brush fire. Tomorrow, Two Brush Fire Task Forces are being sent to Milton. One from Norfolk County, the other from Plymouth County. Here is footage of the “Back Burn” performed at the Blue Hills brush fire. This performed under controlled conditions. It burns back towards where the fire is spreading to and burns the area in between.

Posted by Canton Firefighters IAFF Local 1580 on Monday, November 18, 2024

Red flag warning for Massachusetts

A red flag warning is in effect for all of Massachusetts Tuesday, as the dry weather continues and winds could gust up to 25 mph.

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“Any fire that develops will catch and spread quickly,” the National Weather Service said. “Outdoor burning is not recommended.”

Some relief is expected Thursday, as the first rain storm to hit the area in weeks could put a dent in the state’s severe drought.

Fires in Massachusetts

In addition to the Blue Hills incident, state fire officials said a new fire in the Boxford State Forest has grown significantly. That fire along Thomas Road in North Andover had spread to 220 acres and was just 10% contained. At this time, no homes are at risk.

The largest brush fire in the state is burning in the Lynn Woods Reservation. The 440-acre fire is 50% contained.

Firefighters are also continuing to patrol the Middleton Pond fire that has burned 242 acres and is 60% contained.

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How Mass. leaders are responding to Trump's mass deportation promises

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How Mass. leaders are responding to Trump's mass deportation promises


Elected officials in Massachusetts are reacting to President-elect Donald Trump’s plan to deport hundreds of thousands of undocumented immigrants by declaring a national emergency and using military assets.

Trump campaigned on a promise of the largest mass deportation in U.S. history, and he says he intends to deliver on it.

Massachusetts Gov. Maura Healey, who declared a state of emergency around migrant arrivals last year, says something needs to be done, but she expressed concern about communities being uprooted.

“I think it’s absolutely appropriate that there be enforcement and deportation of individuals who commit crime, including violent crime. That’s very, very important,” Healey said. “We recognize it would be devastating if there were mass raids, here and across the country, that took out people who’ve been working in this country for a long time, who have families and kids here.”

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While Massachusetts is not a sanctuary state, it has eight sanctuary cities.

Boston Mayor Michelle Wu called attention to the Trust Act, passed in 2014. It distinguishes the difference in roles between Boston police and U.S. Immigration and Customs Enforcement, or ICE.

“We know that the fear of someone who might be living, coming from an immigrant family, not then reporting crimes or not speaking out about different issues, actually then makes the entire community less safe,” Wu said.

Cambridge is also a sanctuary city — it has been since 1985.

“Cambridge affirms the basic human rights and dignity of every human being and provides education, health and other critical services to all residents of Cambridge, regardless of their immigration status,” a city spokesperson told NBC10 Boston in a statement.

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Leaders in Worcester, the state’s second-largest city, say it will always remain inclusive and will never target individuals based on their immigration status.

At the former ICE detention center in Dartmouth, there are no plans for the sheriff to reimplement any future detention programs.

“This organization has been there and done that,” said Bristol County Sheriff Paul Heroux.

ICE closed the detention center in 2021 after President Joe Biden took office.

Heroux’s predecessor, former Sheriff Tom Hodgson — a strong ally of Trump who served as the president-elect’s campaign chairman in Massachusetts — blasted the Biden administration and called the center’s closing “a political hit job” orchestrated by Homeland Security Secretary Alejandro Mayorkas.

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