Attorney General Bird Defends Second Amendment Rights of Law-Abiding Travelers

DES MOINES - Attorney General Brenna Bird announced today she joined a coalition of 25 states filing an amicus brief with the United States Supreme Court, urging it to review the constitutionality of Massachusetts' firearm licensing requirements for nonresidents.

"Massachusetts's law drowns the rights of law-abiding citizens in red tape and violates both historical tradition and Supreme Court precedent," said Attorney General Bird. "Constitutional rights travel with the individual-not just within their home state, but across the United States."

The case involves a New Hampshire resident who was arrested and charged in Massachusetts after voluntarily disclosing to law enforcement that he was carrying a legally owned firearm, despite lacking a Massachusetts license. Although the trial court dismissed the charges, Massachusetts's highest court reinstated them, citing the state's licensing framework.

The states raise several key concerns:

• Unconstitutional Burdens: Massachusetts's permitting process for nonresidents involves lengthy delays (ranging from 40 to 170 days), high fees, and broad discretionary denial standards based on vague "suitability" criteria.

• Lack of Historical Precedent: There is no well-established historical tradition of barring nonresidents from transporting or possessing firearms while traveling.

• Federalism and Individual Rights: The Constitution guarantees certain rights, especially those protected by the Second and Fourteenth Amendments-that cannot be subject to differing standards based solely on geography.

The coalition urges the United States Supreme Court to grant review and reverse the decision of the Massachusetts Supreme Judicial Court.

Joining Iowa in this New Hampshire-led coalition are Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

Read the full brief here.

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For More Information:

Jen Green

[email protected]