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Escher v. Noble

42 U.S.C. § 1983 Civil Rights Complaint against the Massachusetts prohibition on 18-20 year olds possessing, purchasing, and carrying semi-automatic firearms.

United States District Court — District of Massachusetts (Boston)

Filed: February 14th, 2025

Status:  Initial Filing  

At issue is whether or not lawful residents aged 18-20 years old constitute part of “the people” protected by the Second Amendment.

On July 25, 2024, Governor Maura Healey signed an omnibus bill, H.B. 4885,  altering in several respects existing Massachusetts laws pertaining to firearms.  H.B. 4885 enacts special restrictions on 18-to-20-year-old adults, entirely banning them from acquiring, possessing, or carrying any semiautomatic firearm of any type or any handgun.

Historically, 18-year-olds always have been understood to be part of “the people” who have the right to carry and own firearms. On May 8, 1792, mere months after the Second Amendment was ratified, Congress mandated that “every free able-bodied white male citizen … who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia.” Militia Act of 1792, ch. 33, § 1, 1 Stat. 271 (“Militia Act”)

The individual states followed suit and enrolled males aged 18 as part of the militia. As a member of the militia, 18-year-olds were required to keep and bear the same sort of common firearms that older citizens owned.

This is also codified in Massachusetts General Laws.

MA Gen L ch 33 § 3
The militia shall consist of two classes, namely, the organized militia, composed and organized as provided in this chapter, and the remainder, to be known as the unorganized militia. The unorganized militia shall not be subject to duty except in case of war, actual or threatened, invasion, the prevention of invasion, threats to homeland security, and the assisting of civil officers in the execution of the laws.

MA Gen L ch 33 § 2
The militia of the commonwealth shall consist of: 

(i) all able-bodied citizens and all other able-bodied persons who have declared their intention to become citizens of the United States, between the ages of 18 and 65, and who are residents of the commonwealth; and 
(ii) such other persons who, upon their own application, enlist or are commissioned pursuant to this chapter, subject to exemptions created by law.


It is for these reasons we believe these restrictions cannot stand Constitutional scrutiny and must be struck down.

Comm2A is joined in this action by Gun Owners Action League, Firearms Policy Coalition, Second Amendment Foundation, The National Rifle Association of America, and Gun Owners of America 

 

Plaintiffs are represented by attorneys Jason Guida and David H. Thompson, Peter A Patterson, and William V. Bergstrom of the law firm Cooper & Kirk

History/Schedule:

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