Town Counsel’s Report

The Town Counsel’s report on Article 34 is now available, and it’s well worth a read.  If you don’t want to take the time to read the whole thing, I’ll just quote from the conclusion:

Although on its face an assault weapons ban would likely be permissible under the Second Amendment, the proposed bylaw would likely be disapproved by the Attorney General or by a court as preempted by the comprehensive Firearms Act.

Beyond the strictly legal issues raised by the proposed bylaw, this suggested ban has already generated a large amount of attention from gun advocates. If passed and approved by the Attorney General, the bylaw is almost certain to generate significant litigation. Given the similarities between the proposed bylaw and the Massachusetts AWB, the potential state preemption issues raised above, and the potential for the state-level AWB to actually be weakened with implementation of the proposed bylaw’s penalty provision, the benefits of the bylaw would likely not justify its cost.

One response to “Town Counsel’s Report

  1. The town counsel’s opinion is excellent, but note it was written *before* the Kolbe decision came down. This would have colored his remarks about Article 34 and the 2nd Amendment.

Leave a Reply

Your email address will not be published. Required fields are marked *