We found the argument “that only those arms in existence in the 18th century are protected by the Second Amendment” not merely wrong, but “bordering on the frivolous.” 554 U. S., at 582. Instead, we held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Ibid. (emphasis added).3 It is hard to imagine language speaking more directly to the point. Yet the Supreme Judicial Court did not so much as mention it
A State’s most basic responsibility is to keep its people safe. The Commonwealth of Massachusetts was either unable or unwilling to do what was necessary to protect Jaime Caetano, so she was forced to protect herself. To make matters worse, the Commonwealth chose to deploy its prosecutorial resources to prosecute and convict her of a criminal offense for arming herself with a nonlethal weapon that may well have saved her life. The Supreme Judicial Court then affirmed her conviction on the flimsiest of grounds. This Court’s grudging per curiam now sends the case back to that same court. And the consequences for Caetano may prove more tragic still, as her conviction likely bars her from ever bearing arms for selfdefense. … If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.
SUPREME COURT OF THE UNITED STATES
March 21, 2016
JAIME CAETANO v. MASSACHUSETTS
[This is a really big ruling for gun rights. It is close in importance as the McDonald and Heller decisions. The decision was unanimous. This helps put those anti-gun nuts who think they are one supreme court justice away from overturning the Heller decision in their place. It slaps down the state supreme court in terms that leave zero doubt as to SCOTUS displeasure. I just hammers the argument that “only muskets are protected”.
This is another nail in the coffin of gun control.—Joe]