Second Amendment Appeals
The Second Amendment to the U.S. Constitution provides that, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This one sentence has resulted in significant, heated controversy.
Phrases like "shall not be infringed," "shall make no law," and "shall not be violated" are used in the Constitution. They sound clear. For instance, the word "infringe" means violate, transgress, encroach, or trespass. However, the U.S. Supreme Court has ruled that some laws can, in fact, encroach. For example, regulation of First Amendment Free Speech and regulation of Second Amendment right to keep and bear arms.
Second Amendment Appeals
Attorney Driscoll handles a variety of issues related to the protection of Second Amendment rights before the Massachusetts Appeals Court, Massachusetts Supreme Judicial Court, and the Federal Appeals Court for the First Circuit.
Federal and Massachusetts gun laws are complex and full of potential pitfalls. Whether you are a gun collector, hunter, target shooter, or seek self-protection by way of a firearm or chemical spray -- it is critical to understand your gun rights and obligations under the both State and federal law.
Attorney Driscoll understands how important it is to protect your rights as well as how severe the penalties can be if you violate the law. Unfortunately, it is very easy to unknowingly violate the gun laws -- resulting in the loss of your gun rights, and potentially worse!
Knowledge is Power
The Commonwealth of Massachusetts heavily regulates your Second Amendment rights via a hodgepodge of gun laws. These laws are confusing, counterintuitive, and often misunderstood - even by gun owners and law enforcement! The law distinguishes between residents and non-residents, location within the State, and even criminalizes the possession of certain "assault weapons" that an incoming resident may already own.