Case Information: Gould v. O’Leary, No. 17-2202 (1st Cir. brief filed June 13, 2018).
At Issue: This case involves a Second Amendment challenge to Massachusetts’ concealed carry regulations and the permitting standards implemented by law enforcement agencies in Boston and Brookline. The challenged policies require applicants to demonstrate a “proper purpose” to carry concealed guns in public in order to receive an unrestricted concealed carry permit, as opposed to a permit that is restricted to sport shooting or carrying a gun in the scope of one’s employment. Plaintiffs filed a lawsuit claiming that this proper-purpose standard violates the Second Amendment—taking the extreme position that unrestricted permits should be issued to applicants who do not meet the standard.
Giffords Law Center’s Brief: Our brief argues that Massachusetts’ concealed carry regulations comport with the Second Amendment because they are consistent with longstanding public carry restrictions dating back to the Founding and earlier. Further, we summarize the latest reputable research on the connection between carrying guns in public and crime, which overwhelmingly shows that relaxing concealed carry laws leads to increased violent crime and homicide. No credible data supports the weak hypothesis, advanced by gun lobby lawyers and by some discredited researchers, that concealed carry has a crime-deterring effect.