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Commonwealth v. McGowan

Massachusetts Supreme Court

982 N.E.2d 495 (2013)

Relevant factsFree

McGowan (defendant) kept a loaded, unlocked handgun in an unsecured drawer; after an argument, his roommate took the gun outside, and when McGowan retrieved it, police found him with the loaded weapon and charged him with violating a statute requiring firearms not carried by or under the owner's immediate control to be stored in a locked container or with certain safety devices. McGowan moved to dismiss on Second Amendment grounds, and the case reached the Massachusetts Supreme Court on a certified question.

IssueFree

Whether long-standing regulations regarding firearms are subject to heightened scrutiny because they do not burden conduct that falls within the scope of the Second Amendment.

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