Mass. Supreme Court About to be Overruled


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cbrgator
May 6, 2009, 08:01 PM
For those of you who read the article I posted about the Mass. Supreme Court calling for an end to denying bail to criminals who's sole crime was illegal gun possession. In response to that ruling, the Governor of Mass. has taken it upon himself to ensure that does not happen.

http://www.wpri.com/dpp/news/local_news/local_wpri_gov_patrick_aims_to_ban_bail_for_illegal_guns_20090506_avn

Gov. Patrick: Ban bail
for illegal guns
Supreme Court OKs bail for
"victimless" gun crimes

Updated: Wednesday, 06 May 2009, 4:39 PM EDT
Published : Wednesday, 06 May 2009, 2:19 PM EDT

* Ann-Marie Nicholson

BOSTON, Mass. (WPRI) - Gov. Deval Patrick's administration filed legislation Wednesday that would tighten the state's gun laws, according to the state's head of public safety.

Public Safety Secretary Kevin M. Burke said the bill would reduce supply of illegal guns, increase penalties and comply with federal requirements. He said the bill would also allow district attorneys in Massachusetts to convince a judge to deny bail to those charged with illegally possessing a firearm by holding a dangerousness hearing.

The provision was filed in response to a Supreme Judicial Court ruling on Monday that banned the practice. The state's highest court said it was wrong to hold people without bail for what it deemed a "victimless crime."

The court also said current law doesn't include illegal gun possession as a reason to deem someone dangerous enough to reject bail. Burke said Patrick's bill would make the practice become law.

Meanwhile, Bristol County District Attorney Sam Sutter said a Fall River District Court judge ruled Wednesday the use of an illegal firearm to commit a felony remains covered by the state’s Dangerousness Statute.

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