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Old March 22, 2018, 06:03   #1
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Court Rules NSSF’s Massachusetts Assault Weapons Ban Suit Can Go Forward

Very good news on this. But cautiously optimistic. While it is a MA problem, hopefully it sets a precedent for other bans in other states. It is a joy to know that she has probably had a few fits about this. (Picture not copywrited):

Court Rules NSSF’s Massachusetts Assault Weapons Ban Suit Can Go Forward

Regulatory over-reach, thy name is Massachusetts. You may remember that back in 2016 Bay State Attorney General Maura Healey unilaterally extended the state’s ban on “assault weapon” sales with a stroke of her pen.

She accomplished this high-handed feat of autocracy by redefining the legal definition of what qualifies as an assault rifle, a move aimed at prohibiting long guns that had been designed around the definition contained in the legislation passed in the state’s assault weapons ban almost 20 years ago.

As she said at the time:

The Massachusetts assault weapons ban mirrors the federal ban Congress allowed to expire in 2004. It prohibits the sale of specific weapons like the Colt AR-15 and AK-47 and explicitly bans “copies or duplicates” of those weapons. But gun manufacturers have taken it upon themselves to define what a “copy” or “duplicate” weapon is. They market “state compliant” copycat versions of their assault weapons to Massachusetts buyers. They sell guns without a flash suppressor or folding or telescoping stock, for example, small tweaks that do nothing to limit the lethalness of the weapon.

That will end now. On Wednesday, we are sending a directive to all gun manufacturers and dealers that makes clear that the sale of these copycat assault weapons is illegal in Massachusetts. With this directive, we will ensure we get the full protection intended when lawmakers enacted our assault weapons ban, not the watered-down version of those protections offered by gun manufacturers.

Healey’s diktat provoked a lawsuit filed by the National Shooting Sports Foundation and four Bay State gun retailers on the basis that regulation by fiat deprives the plaintiffs of their due process rights. Last week, a Massachusetts judge denied Healey’s motion to quash the suit. Here’s the NSSF’s press release:

NEWTOWN, Conn. – A U.S. District Court for the District of Massachusetts judge has denied state Attorney General Maura Healey’s motion to dismiss the lawsuit brought by four federally-licensed Massachusetts firearms retailers and the National Shooting Sports Foundation (NSSF), the trade association for the firearms and ammunition industry, challenging the overreaching “Enforcement Notice” issued by her office in 2016 that deprived the retailers of their due process protections. The suit, which seeks declaratory relief and a permanent injunction enjoining enforcement, can now move forward.

The retailers, all NSSF members, are Pullman Arms Inc. of Worcester, Guns and Gear, LLC of Agawam, Paper City Firearms of Holyoke, and Grrr Gear of Orange.

“Attorney General Healy overstepped her authority when she issued the ‘enforcement notice’ banning certain firearms that have been lawfully sold in the state since at least 1998. Firearms retailers in Massachusetts were left to determine the meaning or scope of the Attorney General’s Enforcement Notice and subsequent explanations,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “Because criminal penalties can result due to Attorney General Healey’s unilateral reinterpretation of a state statute done without administrative process or input from affected parties, her office exceeded its lawful authority and retailers were deprived of their due process protections under the Fifth and Fourteenth Amendments.”
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Old March 22, 2018, 07:41   #2
I really don’t hate you
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Anyone that wants to live in a country that micromanages every aspect of your life and then sends you a bill to do it deserves what they get. Going forward you
will either ask for permission or beg for mercy. With this fresh crop of government indoctrinated teenagers ready to do battle with us it’s going to get
ugly. They are the ones that are ready to cause mayhem if they don’t get their way.
"Owning a Firearm doesn't make you Armed any more than owning a Guitar makes you a Musician"

Was mich nicht umbringt macht mich stärker
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Old March 22, 2018, 08:02   #3
J. Armstrong
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2b, couldn't have said it better myself
"The ultimate result of shielding men from the effects of folly is to fill the world with fools" Herbert Spenser

“I respect the government only in the sense that I respect any other dangerous predator who views me as food.”

“The consolidation of the states into one vast empire, sure to be aggressive abroad and despotic at home, will be the certain precursor of ruin which has overwhelmed all that preceded it.” Robert E. Lee
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