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Sat Dec 21, 2019, 04:55 AM

Massachusetts AG Healey folds on attempted rifle ban, acknowledges guns are legal

Last edited Sat Dec 21, 2019, 06:14 AM - Edit history (3)

Then (2016)- "AG Maura Healey: We will win gun lawsuit"

https://www.masslive.com/politics/2016/10/ag_maura_healey_we_will_win_gu.html


https://www.democraticunderground.com/10141597906


BOSTON — Attorney General Maura Healey on Friday predicted that she will win a lawsuit filed by a national gun rights group over her interpretation of the state's assault weapons ban.

This summer, Healey angered gun rights supporters when she interpreted a ban on assault weapons to make illegal certain types of guns that are similar to assault weapons. Around 10,000 of those so-called "copycat" assault weapons were sold last year in Massachusetts.

The lawsuit, filed by the National Shooting Sports Foundation and four gun shops, argues that Healey's interpretation of the law violates due process and is "unconstitutionally vague, invalid and unenforceable."

Healey spoke Friday at a rally on Boston Common urging voters to cast ballots Nov. 8 for candidates who support gun control.



https://www.nssf.org/nssf-welcomes-massachusetts-ags-enforcement-notice-clarification

December 11, 2019

NSSF Welcomes Massachusetts AG’s ‘Enforcement Notice’ Clarification

WASHINGTON, D.C. — The National Shooting Sports Foundation, the firearms industry trade association, accepts Massachusetts Attorney General Maura Healey’s agreement to clarify the Enforcement Notice that included “’Copies’ or ‘Duplicates’ of the Enumerated Weapons.” The Attorney General’s agreement to clarify this notice effectively ends the legal challenge by NSSF, Pullman Arms of Worcester, Mass., along with three other Massachusetts firearms retailers.

“We are pleased this matter has come to a successful resolution,” said Lawrence G. Keane, Senior Vice President of Government Relations and Public Affairs and General Counsel for NSSF. “We sought clarification to the Enforcement Notice to allow firearms retailers to know exactly what the law stated and ensure they were operating within the confines of that law. For two and a half years, these business owners were left in the dark and today, they finally have the clear answers they sought.”

In 2016 Attorney General Healey charged that firearms retailers were violating the intent of a state law against so-called “assault weapons” by making small tweaks to certain firearms and issued the Enforcement Notice. The Notice warned retailers those so-called “copies” or “duplicates” of the firearms specifically listed in the state law were illegal for sale.

NSSF and the stores had to file the case to challenge the Notice because it was too vague to apply. The complaint identified the difficulties in applying the Notice to listed firearms after the Attorney General’s office ignored multiple requests to clarify the Notice as to those firearms. The Office did not take steps to clarify the notice for two and a half years, and only recently notified the Plaintiffs that the listed firearms are not illegal “assault weapons.” The Office agreed to amend the Notice after NSSF prevailed against multiple motions designed to dismiss or stall the case. Because the Notice has been clarified, the goals for the case have been achieved, and there is nothing else to fight about in this action.


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Reply Massachusetts AG Healey folds on attempted rifle ban, acknowledges guns are legal (Original post)
friendly_iconoclast Dec 21 OP
discntnt_irny_srcsm Dec 21 #1

Response to friendly_iconoclast (Original post)

Sat Dec 21, 2019, 06:50 PM

1. I call it the Stewart philosophy.

Stewart, commenting on pornography, said "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that."

IMHO, the law must serve as the criterion to determine guilt in a criminal trial. For that purpose, an impartial jury representative of the accused as being of his or her peers, must understand the law. Laws must not be vague but rather must be deterministic.

It is a sad thing that the idea of gun-control has led so many freedom minded Democrats to this point as expressed by Republican Justice Potter Stewart.

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